Old Bailey Proceedings Online (www.oldbaileyonline.org, version 7.2, 31 March 2015), November 1872 (t18721118).

Old Bailey Proceedings, 18th November 1872.

CENTRAL CRIMINAL COURT

Sessions Paper.

WATERLOW, MAYOR.

FIRST SESSION, HELD NOVEMBER 18TH, 1872.

MINUTES OF EVIDENCE,

TAKEN IN SHORT-HAND, BY

JAMES DROVER BARNETT

AND

ALEXANDER BUCKLER,

Short-hand Writers to the Court,

ROLLS CHAMBERS, No. 89, CHANCERY LANE.

THE POINTS OF LAW AND PRACTICE

REVISED AND EDITED, BY

EDWARD T. E. BESLEY, ESQ.,

OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.

VOL. LXXVII.

SESSIONS I. TO VI.

LONDON:

STEVENS & SONS, 119, CHANCERY LANE.

THE

WHOLE PROCEEDINGS

On the Queen's Commission of

OYER AND TERMINER AND GAOL DELIVERY

FOR

The City of London,

AND GAOL DELIVERY FOR THE

COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION

OF THE

CENTRAL CRIMINAL COURT,

Held on Monday, November 18th, 1872, and following days,

BEFORE THE RIGHT HON. SIR SYDNEY HEDLEY WATERLOW , KNT., LORD MAYOR of the City of London; The Hon. Sir GEORGE WILSHIRE BRAMWELL, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir WILLIAM ROBERT GROVE , Knt., one of the Justice of Her Majesty's Court of Common Pleas; JOHN CARTER , Esq., WIILLIAM FERNELET ALLEN, Esq., ANDREW LUSK , Esq., M.P., THOMAS SOAMBLBR OWDEN, Esq., THOMAS WHITE , Esq., CHARLES WHETHAM, Esq., WILLIAM MCARTHUE, Esq., and JOHN WHITTAKER ELLIS, Esq., Aldermen of the said City; Sir THOMAS CHAMBERS , Knt., Q.C., M.P., Common Serjeant of the said City (acting as Deputy-Recorder); and ROBERT MALCOLM KERR , Esq., LL.D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.

THOMAS WHITE , Esq., Alderman.

FREDERICK PERKINS , Esq.

Sheriffs.

ARTHUR TURNER HEWETT , Esq.

ALEXANDER CROSLEY , Esq.

Under Sheriffs.

CENTRAL CRIMINAL COURT.

WATERLOW, MAYOR. FIRST SESSION.

A star (*) denotes that prisoners have been previously in custodyâtwo stars (**) that they have been more than once in custodyâan obelisk (â ) that they are known to be the associates of bad charactersâthe figures after the name in the indictment denote the prisoner's age.

LONDON AND MIDDLESEX CASES.

OLD COURT.âMonday, November 18th, 1872.

Before Mr. Deputy Recorder.

1. WILLIAM VICKERY (30), WILLIAM LINSEY (24), and EDWARD PARKER (29), were indicted for feloniously wounding William Hammond, with intent to do him grievous bodily harm.

WILLIAM HAMMOND . I am in the employment of Mr. Boughton, the lessee of Hounslow HeathâI am paid wages by him for keeping the Heath, to look after the fences and the cattle, and to prevent trespassersâabout 5 o'clock in the afternoon of 13th October the three prisoners came on the Heath, and were proceeding to walk across the HeathâI told them they were trespassing, and they had no right there.; they said, with an oath, that they were there, and they meant goingâI told them they would be liable to be turned back again, and while I was telling them that, Linsey drew up close to me, and hit me a violent blow in the mouth with his fist, and I was knocked down immediately, and seized by all three prisoners; they all three closed in, and kicked and hit me with violence, and said "We have got you here in a good place now; we will do for you"âthey all three said thatâthey kicked me in the eye, which bled most fearfully; I have the scar, and you can see the place nowâone of them, I don't know which, said "Well, he has got enough, we have given him enough; we won't give him any more," and another said "I shan't take any farther part in it"âI don't know which it was said that; I was almost insensible at the timeâI got up on one knee, finding they had left me, and Linsey then returned and made a most violent strike at me, but missed me, and threw himself right upon meâI had not done anything to them before they assaulted me; I had not put my hands to them, or attempted to; I merely told them they had no right to passâI got up, and proceeded home as well as I could, and lost about a pint and a half of bloodâI gave information to the police, and saw them in custody the same evening.

Cross-examined byMR. RIBTON. Mr. Boughton is a veterinary surgeon at HounslowâI have been engaged by him about three monthsâI was engaged

on the Heath before, five years since, under Mr. Brewerâsince then I have been gamekeeper to Mr. Adams, in Feltham Roadâthe prisoners were on the further side of the Heath from the Staines Road, next to the Southwestern Railway; they were coming across to HounslowâI believe they live at Hounslow; I don't knowâthe first I said to them was "Are you aware you are trespassing?âI did not desire them to stop, or go before themâI had nothing in my handâthey did not stop; they continued walking onâI did not walk on with them; I turned roundâI might have taken a few steps; but I told them before they got to me that they had no right to come that wayâthey continued on, and did not stop till the assault was committedâI went in front of them, and said they had no right to go that wayâI did not stop them; they stopped themselves on meâthey did not say they were going home, nor that they had a right to be there, or that I had no right to stop themâI have turned several persons back, before and sinceâthey have not disputed the right with meâthere was plenty of room for the prisoners to get past me without doing what they didâI don't know whether they are in the Militia; they were not in uniformâI have been a gamekeeper about sixteen yearsâI have never been charged with a violent assaultâI was summoned five or six years ago by a man named CoombeâI don't know whether you call it an assault or not; he stripped to fight me, but instead of his giving me a good hiding, I gave him one, and he summoned me at Brentford; they fined me 1s., I think; I won't say for certainâI did not pay it; my master didâI was also summoned for assaulting a gentleman who was trespassing on Hounslow Heath, and fined 1s.; I paid that myselfâit was not my fault; my master misinstructed me.

Vickery. Q. Did not you stop Linsey, and push him back? A. No.

GEORGE WARREN (Policeman T 87). On the evening of 13th October, about 7 o'clock, I saw the prosecutor bleeding from the eye, and apparently very weakâhe named the persons who had assaulted himâI then went with other constables, and found the prisoners in the taproom of the George the Fourth public-houseâI told them I was about to take them into custodyâI first spoke to Linsey, and said "I want to speak to you"âhe said "Come and say it here"âI told him he was charged with violently assaulting the prosecutor on the Heath, and he would have to go to the station with meâhe said "I am bâf I shall"âI said "But you will have to go"âI then commenced to put the handcuffs on himâhe was very violent, and struck at me; I missed his blow, and my brother constable struck him across the arm as he was stooping, apparently to pick up the pokerâI succeeded in putting on the handcuffs; he still continued very violentâI then charged Parker and VickeryâVickery was at first violent, but he afterwards went quietly to the stationâafterwards, on the way to the House of Detention, Vickery said that, when Linsey had kicked Hammond over, he told him to come away, for that was enough.

Cross-examined byMR. RIBTON. The Heath has been closed since September, 1867, by the War Department, and boards are placed on each side of the Heath, and before that the old tenant closed it on the 1st of May every year for forty yearsâwith that exception it was open to the publicâI have been stationed there seven yearsâsince 1867 the public have gone across the Heath to the powder mills, by permission from the person who has kept it; otherwise they have been sent backâI have known a good many persons turned backâI have not known many that have not been turned back.

Cross-examined byMR. STRAIGHT. I do not know that Parker is in the Militia; Linsey isâthere is a footpath across the Heath, but not public; it is stopped up by the War Department.

THOMAS RATGLIFF (Policeman A R 335). I was present at the arrest of the prisoners.

JOSEPH RICHARD ALEXANDER DOUGLAS . I am a surgeon at HounslowâHammond came to me on the evening of the 13thâhe had a wound over the eyebrow, and another on the top of the headâhe appeared to have lost a great deal of bloodâthey were such wounds as might be given by a blunt instrument; a kick might have done it in both casesâhe came four or five times to the surgery, I think, and my assistant dressed himâI did not see him afterwards.

Cross-examined byMR. RIBTON. The wounds healed in a few daysâthey were not dangerous; they were severe scalp woundsâthey invariably bleed a good deal; a slight wound will make the scalp bleed very muchâI should not think a blow with the fist would cause the wounds; a stick might, or a bootâI don't know that the Heath has been open to the public for a long timeâI know that people have constantly gone on the Heath; I have myself frequently gone over it, both on horseback and on footâI have never been turned backâI have known many persons who have gone across itâit is a review ground for the Artilleryâit is a short way to the powder mills and the Hanworth Roadâit has been open to the public for a great many years without interruptionâI never had permission to crossâif I had been stopped I should have gone back.

THOMAS PETER BOUGHTON . I am the tenant of Hounslow HeathâHammond is in my employmentâhe had directions from me to prevent anybody from going acrossânobody had any right to cross there, by order of the War Office.

Vickery's Defence. I did not touch the man; I was 20 yards away from him.

Linsey received a good character, but Warren (T 87)stated that he was an associate of thieves.

GUILTYof unlawfully wounding.

VICKERY and PARKER.â Six months' Imprisonment.

LINSEY.â Twelve months Imprisonment.

2. WILLIAM LINSEY and EDWARD PARKER (alias KILBY ) were again indicted for feloniously assaulting William Henry Webb, with intent to rob him.

WILLIAM HENRY WEBB . I live at Feltham, and am foreman to Mr. George Dawâon Saturday night, 12th October, between 11 and 12 o'clock, I was on the Staines Road, with my wifeâLinsey and Kilby (Parker), in company with another man, came across the roadâLinsey grasped his left hand at my watch-chain, and struck a blow at me with his rightâI bobbed my head on one side, and it just brushed my whiskersâI threw down a basket which I had in my hand, and I struck at Linsey and knocked him downâmy wife called for the police and screamed "Murder!"âa man came up with a horse and cart, and one of the prisoners went up and told the man to go onâhe said he should not, for he knew there was something wrongâhe jumped off the cart, came towards me, and the prisoners ran awayâduring the transaction, Parker said "Come on; that is not parties," and my wife said "That is Kilby, the plasterer."

Cross-examined byMR. STRAIGHT. Parker said "Don't, they are not the proper parties; come on"âthat was after the man came up in the cart, and then they ran awayâParker was standing on the footpath.

MARGARET WEBB . I am the wife of the last witnessâI was with him on the Staines Road going homeâthree men came across the road towards usâthe prisoners are two of themâLinsey clutched at my husband's watch-chain, and struck at himâthe blow missed, and my husband knocked him downâI called out, and a man came along with a cartâone of them went up and told him to go on, and he said he should not for he knew there was something the matterâI still screamed, and Kilby came up and said to Linsey, "Don't, they are not the proper parties," and I noticed he was Kilby, the plasterer.

Cross-examined byMR. STRAIGHT. My husband had left his watch at Hounslow the night before, but he had got his guard onâit was hanging to his waistcoatâLinsey pulled it out, and he would have had the watch if it had been there.

Cross-examined byMR. RIBTON. The chain was not taken; nothing was takenâmy husband knocked Linsey down, to defend himselfâI did not hear any one call out "Is that Jack?"âKilby said "They are not the proper parties."

GEORGE WARREN (Policeman T 87). I was on duty on the Staines Road, and about 11.50 I heard screams of "Murder!" and "Police!"âI ran up, and saw the prosecutor and his wifeâthey complained to meâI apprehended the prisoners on the last case.

Cross-examined byMR. RIBTON. I did not say anything to themâthey did not say it was a mere lark, they mistook the manâI did not tell them this charge when I apprehended them, because I did not know that I should find the prosecutor at home; I did not tell them till they were at Brentford.

SUSANNAH MARGARET JEX . I live at 17, Berwick StreetâI was married to the prisonerâI can't tell the day of the month, but it was about eight years ago, at St. Stephen's, Westminster.

Prisoner. Q. How long did we live together before we were married? A. A little timeâit was not seven years, or five yearsâI can't say how longâI had a child by him before marriage.

THOMAS CARLISLE (Policeman E 46). I apprehended the prisoner on 23rd August, at 10, Little Earl Street, Seven Dials, on the charge of bigamyâhe said "She knew I was married when I married her; it is a bad job; I suppose it will be an Old Bailey job"âI produce two certificates, which I have compared with the registers, and they are correct. (Read. The first was a certificate of marriage at St. Pancras Church, on 30th September, 1844, between William Newman and Caroline Peel; the second was a certificate of marriage at St. Stephen's, Westminster, an 8th February, 1864, between William Newman and Susannah Margaret Jex.)

CHARLES HOUGHTON . I live at 29, Dudley StreetâI know the prisoner, and I knew his first wifeâshe was living with him in Earl Street in 1854âthat is all I know.

5. ROBERT WILLIAMS (23) , to unlawfully having counterfeit coin in his possession, with intent to utter it, after a previous conviction.â Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]

6. HENRY WEST (31) , to unlawfully obtaining two velvet mantles of William Holloway, by false pretences.â Five Years' Penal Servitude. [Pleaded guilty: See original trial image.]

JAMES HILLS . I am shopman to George Nicholls, a draper, of Brixton Roadâon 16th July I served the prisoner with some buttons and pins, which came to 3d.âshe gave me a bad florinâI gave it to Mr. Nicholls.

GEORGE NICHOLLS . The last witness brought me this coinâI found it was badâI asked the prisoner where she got itâshe said she was sent by her mistress, Lady Montague, of Wynn Road, BrixtonâI said that no such person lived thereâshe then said that she picked it upâI marked it, and took her myself to the station, and gave the coin to the sergeantâthis if it (produced)âhere is my mark on it.

JOHN LONG . I am shopman to Mr. Stokes, a pork butcher, of Commercial Road, Lambethâon 12th September I sold the prisoner a trotter, which came to 1dâshe gave me a shillingâI broke it nearly in half in the detector, and kept it in my hand till I gave it to my master, who gave it to a policeman in my presenceâthis is the coin (produced).

SOLOMON DALES (Policeman L 34). I took the prisoner, and received this shilling from Mr. StokesâI took her to the Southwark Police Courtâshe was remanded to the 18th, and then dischargedâshe gave the name of Jane Dillon.

GEORGE DEER . I am assistant to Mr. Jones, a draper, of 36, Fulham Road, Bromptonâon 29th October, between 2.30 and 3 o'clock, I sold the prisoner a pair of stockings, which came to 10 3/4 d.âshe gave me a half-crownâI took it to Miss Scholys, the cashier, who gave it to me to try it again, and I found it was badâI gave it to her to take to Mrs. Jonesâthis is it.

ALICE SCHOLYS . I am assistant to Mr. Jonesâon 29th October Deer brought me this half-crownâthe prisoner was in the shopâI took it to Mr. Jones, and afterwards gave it back to Deerâit was broken in my presenceâI saw Mr. Jones give it to the constable.

JAMES MIDDLETON (Policeman B 1). I was called, and received this coin in the presence of the prisoner and the two last witnesses.

WILLIAM WEBSTER . This half-crown, shilling, and florin are bad.

GUILTY.*â Two Years' Imprisonment.

10. GEORGE BUGG (27) , Unlawfully having counterfeit coin in his possession, with intent to utter it.

MESSRS. COLERIDGEandDE MICHELEconducted the Prosecution.

GEORGE MACAIRE . I am barman at the Falcon public house, Green Street, Bethnal Greenâon 6th November the prisoner came in with another manâhe called for a pint of half-and-half, which came to 2d.âhe gave me sixpence; I put it in the till, and gave him changeâhe then called for some more beer, and gave me a bad florinâI bent it, gave it back to him, and told him it was badâhe said that he got it from the gas-house, and gave me a good half-crown, for which I gave him changeâI afterwards went to the till, and found a bad sixpence on top of two good onesâI had not taken any sixpences between; I had not been to the tillâI charged the prisoner, and gave the sixpence to the constableâhe said that he got the coin at the gas-house, and said "Don't be hard upon a poor bâ"âI saw him searched at the station, and a small parcel containing bad money was taken from his trousers pocket.

GEORGE SHEPPARD (Policeman K 318). I took the prisoner in Grove Road, about 200 yards from the FalconâI charged him with uttering a counterfeit florin and sixpenceâhe said he did not know he had got any bad money about himâI took him to the station, and received this bad sixpence from MacaireâI searched the prisoner, and found in his right trousers pocket two packages, one containing four sixpences and the other nine, all counterfeit; and in his left trousers pocket a bad florin, which Macaire identifiedâI also found eight shillings and five florins, three of which were in one pocket, and two looseâthere was paper between themâI told him they were badâhe said that he picked them up; it was a bad job, and he must put up with it.

WILLIAM WEBSTER . These coins are all, badâthe 6d. uttered if from the same mould as some of the others.

The prisoner's Statement before the Magistrate was that he picked up the parcel of coins near the gasworks and did not know they were bad.

Prisoner's Defence. I have only to say I found them and put them in my pocket. I would not let anybody know it, they looked to me to be good. Next morning I went to the public-house, pulled out the florin and paid with it. I had no idea, the money was bad.

NOT GUILTY .

11. SOLOMON SAMUELS (17) , Robbery on Hassan, and stealing from his person one watch his property.

HASSAN (through an Interpreter). I am an officer on board the SharpierâI was in the Commercial Road on this Sunday night after 12 o'clock, and saw three persons walking along side of meâI felt some one take my watch from my pocket, and caught hold of their armsâthe one who stole it tried to put it in his pocket, and a gentleman tried to take it from himâhe fell down and I fell over him, and two persons came up and struck me, one of whom is the prisonerâhe struck me under my eyes, and I bledâI was only struck onceâthis is my watch, the constable gave it to me.

Cross-examined. I at first picked out a man at night-time, and when I went in the morning I found he was not the man, and he was discharged.

JAMES KIRAN (Policeman H 183). I saw the prisoner running, and stopped himâhe dropped this watch as I took himâthe prosecutor identified it at the station.

Cross-examined. I had him in my hands when he dropped itâhe said "Let me go," and dropped the watch in the gutterâthe prosecutor picked out another man, who he could not identify in the morning.

GUILTY . He was further charged with a former conviction at Worship Street in January, 1872, to which he

PLEADED GUILTY.â Two Years' Imprisonment.

12. THOMAS CANNON (22) , Stealing an order for the payment of 15s. of John McKenna.

MR. LATIMERconducted the Prosecution.

JOHN MCKENNA . I live at 20, Brook Street; the prisoner lived in the same house with meâI wrote to Dublin about three weeks ago for some moneyâthe prisoner was present when I wrote the letterâI received an answer to it last week since he has been apprehendedâup to that time I had received no answer and no Post Office order for 15s.âI never gave any body leave to sign my name to a Post Office order for 15s.

GEORGE HARRISON . I live in the same houseâlast Friday fortnight I saw the prisoner take a letter from the postman, open it, take the order out of it, and put it in his pocketâI saw a round black mark like a stamp on it, and in the other corner "15s."

Prisoner. Q. Was I in the house when the postman came? A. Yesâa man named Tuey gave the letter out of his hand into yoursâyou were in the yard, he handed it to you and said "Here is a letter for your pal"and you opened it with a knife, and went to the Docks to look after him with it in your pocket.

SARAH ELIZA LUFF . I live at 20, Sigh Holborn, and am in charge of the branch office thereâI produce a money order payable to John McKennaâI do not know to whom the money was paidâhere is "15s." in figures in the cornerâit is made payable from the branch Post Office, Dublin.

JAMES VALANOE . I am a letter-carrier, and deliver Letters in Brooks' Marketâon 1st November I delivered a letter addressed to J. McKennaâI gave it to a shorter man than the prisoner, and the prisoner took it from the man who I delivered it to.

Prisoner. I was not in the house at the time, I was out in the back-yard, and therefore you could not see me. Witness. I cannot swear to you, because there are several men very much like you.

SAMUEL CORNWALL (Policeman G 154). I took the prisoner and charged him with stealing a Post Office order; he made no replyâon the way to the station he said "I have not got the money with me now."

GUILTY .

Twelve Months' Imprisonment.

13. JOHN JAMES WHALEY (22) , Stealing one whip of Alfred Collier.

MR. CURRIEconducted the Prosecution.

ALFRED COLLIER . I am a carman in the service of Mr. Young husband, of 23, Old Baileyâon 13th November I was in Lower Thames Street about 5.25, and missed a whip from my van.

Prisoner. I told the constable where I had picked it up. Witness. I was on the van, and it was tucked in through the rails of the van, it could not have fallen offâI never saw you.

WILLIAM HUTT (City Policeman 795). On 13th November I received information, and found the prisoner in Pudding LaneâI knew him, and asked him what he was doing; he said "I am waiting for a ride homeâI

said "You had better be off"âI noticed that he walked rather stiff, followed him, and found a whip inside his shirt and down the leg of his trousersâI pulled it out and said "What do you do with this?"âhe said "Give me a good hiding and let me go, I won't halloa."

GUILTY .

He was further charged with having been convicted at Clerkenwell in December, 1870, to which he

PLEADED GUILTY.**â Seven Years' Penal Servitude.

14. ANN GREEN (40) , Stealing a set of false teeth, the property of John Wallace, in a dwelling-house.

MR. GLYNconducted the Prosecution.

AMBROSE BARRETT . I am in the service of a pawnbroker at 88, High Street, Whitechapelâon 1st November, about 9.30, the prisoner came and offered me a set of teeth in pledgeâI asked her where she got them fromâshe said "From a woman in a public-house"âI said "What public-house?"âshe said "Up the street"âI said "What street?"âshe said "High Street"âI called an officer.

Prisoner. She sent me to see how much they would lend on them.

MINNA WALLACE . I am the wife of John Wallace of 238, Brixton RoadâI saw my teeth last on 31st October, at a few minutes past 10 o'clock in the morning, on the dressing-table in my bedroomâI afterwards missed themâthese are them (produced).

THOMAS BERGEN (Policeman H 210) I was called to the pawnbroker's shop, and asked the prisoner where she got the teeth fromâshe said from a woman in a public-houseâI asked her if she would know the womanâshe said "Yes"âI went with her to a little public-house, and she said the woman was goneâI took her to the station.

COURT. Q. You made no enquiry at the public-house? A. No.

Prisoner's Defence. The woman gave them to me to go to the pawnshop and see what I could get on them.

NOT GUILTY .

OLD COURT.âTuesday, November 19th, 1872.

Before Mr. Deputy Recorder.

15. SIDNEY CHIDLEY (35), was indicted for unlawfully obtaining the sums of 9l. 1s. 9d. and 16l., by false pretences.âHePLEADED GUILTYto a Count charging a fraud under the Debtors' Act, and no evidence was offered on the other Counts.âJudgment respited.

16. JAMES BARKER (33), and RICHARD GOODY (60), were indicted for unlawfully conspiring, with intent to defraud James Scott.

MR. SERJEANT BALLANTINE, on the part of the Prosecution, offered no evidence.

NOT GUILTY .

17. JULES CHERET was indicted for unlawfully publishing a false and defamatory libel upon Emile Joseph Irlande. And EMILE JOSEPH IRLANDE was indicted for publishing a false and defamatory libel upon Jules Cheret.

No evidence was offered upon these indictments, and, on the part of Cheret, a written apology was put in and read in Court.

NOT GUILTY .

18. JAMES MOORE (24), and STEPHEN GODDARD (22) , Robbery with violence on Thomas Dalford, and stealing a hat and 12s. 6d., his property.

MR. LANGFORDconducted the Prosecution.

THOMAS DALFORD . I am a stab, and lodged at 4, Paternoster Row, and lodged at 4, Paternoster Row, a lodging-house, for four nightsâon the night of 16th November, about 12 o'clock, I came home, and went into the kitchenâMoore was against the gas, and Goddard was standing by the side of the table, in his shirt-sleeves, and with his hat on the tableâMoore turned the gas off, and they turned round and caught hold of me, and felled me to the groundâthree attacked me; the two prisoners and a thirdâone of them held me down while the other cut my pocket off, and took the contents, 12s. 6d., and some halfpenceâI had seen the money safe, and counted it, not five minutes before I went into the lodging-houseâthey then bundled me out into the street, and shut the door against me, and gave me a wrong hat instead of my ownâI went in search of a policeman, and went back with him to the house, and saw Moore, who is the deputy or manager of the kitchenâI asked if he knew anything of that hatâhe said "Yes, it belongs to a man up stairs, in bed"âI went up stairs with the constable, and saw Goddard, and asked if that was his hatâhe said "Yes"âI asked where mine wasâhe said "Under the bed," and he gave it to the constable.

Moore. Q. Where was I standing at the time the gas went out? A. Under it, and you turned it out as I came inâI was sober; I had had no beer.

WILLIAM REILLY (Policeman H 157). I met Dalford, and went with him to the houseâMoore was in the kitchen, in his shirt-sleeves, and four or five othersâDalford said "That is the man that put the gas out"âI asked if he knew anything of the hat Dalford was wearingâhe said "Yes," it belonged to a man up stairs in bedâwe went up, and saw Goddard, who owned the hat, and gave the prosecutor hisâMoore said he was not present at the time, that he went out for candles, and it was the second job that took place there that nightâGoddard said he knew nothing of it, as he was out in the yard wheat the occurrence took place in the kitchenâthe prosecutor seemed to be under the influence of drink, but he understood what he was sayingâI saw his pocket; it was either out or torn awayâI found 2d. on Goddard, and 5d. on Moore.

NOT GUILTY .

19. WILLIAM PUGH (28) , Stealing a cwt. of tea of William Garment, his master.

WILLIAM GARMENT, JUN . I am the prosecutor's sonâthe prisoner was in his serviceâon 31st October, about 5 o'clock in the evening, I was present at the loading of the prisoner's vanâthere were forty-five packages of tea, consisting of nine chests, thirty half chests, and six boxesâbefore loading, I counted the packages as they were piled in the warehouse, and found the number correctâafter that I took the delivery-note, and checked every numberâI helped to put them on the van, and after they were loaded I got up and tallied them, and found them correctâthe nine chests were at the bottom, and the half chests at the topâthey were loaded from our warehouseâwe are City carmen, and they were to go to Ward's Wharf; for the Civil Service Co-operative Company.

Cross-examined. The boy Davis was also in our service; he is not nowâthere were forty-five distinct packages.

CHARLES BARNES . I am storekeeper at Ward's Wharf, Lambethâon

31st October, about 6.15, the prisoner came there with a load of tea, and a delivery-noteâhe only delivered forty-four packagesâI told him there was one shortâhe said he thought there was one shortâI only signed for forty-fourâit was a chest of Congou that was shortâI did not see what was in the van.

NELSON EDWARD DAVIS . I am nine years oldâI went with the prisoner on 31st October to look after the goodsâwe went to Ward's Wharfâthe chests of tea were not all delivered there; one was kept backâthe prisoner drove away from the wharf with the chest in the van, and went over Waterloo Bridge to a coffee-shopâhe took the chest in there, and remained there about half or three-quarters of an hourâI remained in the vanâwhen he came out he gave me 2d., and said "You stick to Bill, and Bill will stick to you"âMr. Garment spoke to me next day, and I afterwards pointed out the coffee-shop to him.

Cross-examined. It was the elder Mr. Garmentâhe is not hereâI was examined three times before the MagistrateâI think I mentioned the first time about going to the coffee-shopâit was after the first examination that I pointed out the coffee-shop to Mr. GarmentâI had told him about it before that.

GUILTY .âThe Prisoner received a good character.â Twelve Months' imprisonment.

20. JOHN QUIN (40) , Feloniously wounding James Henry Smith, with intent to do him grievous bodily harm.

MR. CHARLES MATTHEWS conducted the Prosecution.

JAMES HENRY SMITH . I am a labourer, living at 3, Friendly Place, Whitehorse Lane, Stepneyâon 30th August I was at the Comfort ArmsâI went in there at 5.30, and remained till about 8.30âthe prisoner and I went in togetherâwe had some drink, and entered into an argument concerning military affairsâI told him that he knew nothing about it, and with that he lost his temperâhe took up a pewter pint measure from the table and threw it at me, but fortunately it missed me and struck an old gentleman in the chest, who was sitting at the backâI then pitched into the prisonerâwe fought, and I struck him several timesâit ended by my throwing the prisoner on to the floorâafter that the landlord, Mr. Cowley, requested me to go outâI went to the threshold of the door and returned again, and Mr. Cowley said to me "My good fellow, don't make any further disturbance in my house; take my advice and go"âI was standing against the door, with my back to itâMr. Cowley was in front of meâI did not see the prisoner coming towards me, but I felt a severe blow over my left eyeâI went out of the houseâmy eye bled very profuselyâI leaned against some palisading and I fell afterwards from loss of bloodâI found myself at the hospital in the morningâI remained there about seven weeksâI had been drinking that night, and the prisoner with me, but we were not intoxicated.

Prisoner. Q. Did not you strike me when I was lighting my pipe at the commencement? A. No; I did not say I would knock the front of your head inâI said "Come outside and fight"âI did not rush at you and say I would fight you, and knock your nose off.

GEORGE COWLEY . I keep the Comfort ArmsâI did not see the prisoner throw the pot at the prosecutor, but it was thrownâI arrived after and they were then scuffling on the floorâthey got separatedâI got round the

counter and said to the prosecutor "Don't let us have any farther disturbance here, get outside"âhe was then standing against the doorâhe said "All right, Mr. Cowley, I will go"âI turned my back to look at the prisoner to see what he was doing, and then the prosecutor turned round and said "What did you mean by throwing that pot at me "and he struck the prisoner three or four blows, not more than four, on the face as near as he could get at himâthe prisoner held his head down and did not attempt to defend himselfâhe kept his right hand at the back of him, leaning up against the wallâthen the prosecutor receded to the door, and I again said "Smith, go out, there's a good fellow," and I stooped down to endeavour to unbolt the door to make more room to get him outâthe prisoner walked up to the prosecutor and struck him a violent blowâthe prosecutor then went outside and leaned against the railingsâthe prisoner immediately walked out of the houseâon the blow being struck blood must have flowed, because I had blood on my trousersâI distinctly saw a knife, apparently a short-bladed oneâat the time the prisoner dealt the blow he said "You bâ, I will," and he walked up to the prosecutor and then dealt the blowâit was after that I saw the knifeâthe prosecutor went outside, leaned against the railings, and then I saw blood running down his faceâthe scuffle had ceased two or three moments before the blow, but it was not three or four minutes from the commencement to the end of itâthey both knew perfectly what they were about; they were neither of them intoxicated.

Prisoner. Q. Did not the prosecutor rush by you? A. He did in the first instance, but not while I was endeavouring to unbolt the doorânot when the occurrence occurred with the knifeâyou rushed at him and struck him the blow.

Re-examined. I was standing between them, the blow was delivered over me; I was in a stooping position.

JOHN ENNES . I am a bootmaker at 19, Bridge Street, StepneyâI was the Comfort Arms on 30th August, about 8.30âwhen I went in I heard the two men having wordsâI heard some person say "If you do that or say that again, I will punch your head," and no sooner the words than there was a scuffle between the prisoner and the prosecutorâthey fought and fell, I think the prisoner under; they got up and the prisoner retraced his steps towards the end of the form or fixed seat, followed by the prosecutorâthe prisoner at that time had his head down, as if he had had sufficientâSmith gave the prisoner several severe blows upwards as his head was downâSmith then went back, and the prisoner followed, and with his uplifted armâhe said "You bâ, I will!" and with the words, the blowâthe knife went over his left eyeâI heard something click distinctly when the blow was struckâblood flowed very profuselyâI went for medical assistance.

Prisoner. Q. You said in your last evidence I said "Take that" A. So you did, you said "You bâI will, take that," distinctlyâI did not see the prosecutor rush at youâI saw you come along the form and make the rush.

ALEXANDER COWLEY . I am the landlord's brotherâI am a clothier, and live at 136, Stridmore Street, Stepneyâon the night of 30th August I was in the barâI did not see the pot thrown, but as I stepped out of the bar I saw the prisoner rush from the formâas Smith stood on the threshold of the door, he ran at him with a knife in his hand, and plunged it into his forehead.

JOHN COOKE . I am house surgeon at the London Hospitalâthe prisoner was brought there on 30th Augustâhe had a stab across the left eye, and an incised wound on the left cheekâthe wound over the eye was about 1 1/2 inches long, and the stab about 2 1/2 inches deep, across the left eyebrowâthe wound on the cheek was about 1 1/2 inches long and not so deep, both wounds were caused by the same blowâthe knife entered the frontal bone on the outer part of the left eyebrow, passed into the orbit, then through the orifice of the orbit into the small bones of the skull, altogether penetrating about 2 1/2 inchesâthe direction the knife took was horizontal and inwardsâthe wound was a dangerous oneâhe remained under treatment for about seven weeksâin almost any other direction the wound must have been fatalâthe blow must have been struck with terrific violenceâthe prosecutor had erysipelas for about twelve daysâit set in on the ninth day after admissionâthe bone forming the arch of the orbit was fractured into three pieces, which were removed on admissionâthis piece of the blade was left in the wound impacted in the skull, it is 2 or 3 inches in lengthâhe is perfectly well now, the only inconvenience is he can't open his eye; he can seeâthe eye is not at all injuredâI attended him all the while.

JAMES BRIDEN (Detective Officer K). I apprehended the prisoner in Bermondsey on 12th OctoberâI told him the chargeâhe said it was all an accident, he was cutting some tobacco at the time, and the prosecutor ran up against the knife, but what became of the knife after he did not know.

Prisoner. Q. I said to you "If I had known you had wanted me I should have come, and would not have given you the trouble?" A. Yes, you did.

The Prisoner's Statement before the Magistrate. It was an accident. I had my pipe in my mouth; he went out, and when he had come in again, I had a knife in my hand, and naturally put up my hand to protect myself.

J.H. SMITH (re-examined). I did not say at the hospital that it was all my fault, and it was not the prisoner's at allâI said I forgave him, and so I do; but I should do my duty towards man.

Prisoner's Defence. There is another witness here, I believe. I was not wrangling with the prosecutor at all; he threatened to knock the front of my head in, and he wanted to fight, but I would not. He went out, and I thought it was all over, and I took out my knife to cut some tobacco to have a smoke. He ran at me, and I put my hand up. I don't know any more. I went and looked at him, and I saw he had a mark on his forehead.

MICHAEL BARRY . I am a mason, and live at 3, Florentine Street, Mileend Roadâon the night of 30th August I was in the beershop, and Smith was having an argument with the prisonerâI asked Smith to come and sit with meâhe did not, and the prisoner said "Don't make such a row in the house, Jimmy"âhe said "What have you got to say about it, you're always on to me; you are the bully of the whole"âthey got into, high words, and the prisoner took a pint measure from the table and threw it, but I did not see it hit any oneâthe prisoner said to me "Do you call that manly?"âI said "No, it was not," and then he hit him with his left hand, and then followed him up again and gave him another dominoâthey closed and had a scuffle and fell on the floorâthe prosecutor threw him on the floor and caught hold of him by the whiskers, and had his left knee on his chestâI

went to separate them, but I could not, they were too strong for meâI called the assistance of another man, and we separated themâwe got Smith as far as the door, and he rushed back again and pitched into the prisoner, and gave him good cheerâthe prosecutor kept hitting him all the time, and he certainly gave the prisoner a regular good doing, as they term itâthey were parted again, and Smith got as far as the door, when the prisoner rushed at the prosecutor, and I saw the blow given, but I saw no knifeâI saw blood, and I picked up the prosecutor afterâthey were both excited and the worse for drink.

Prisoner. Q. Did you hear the prosecutor say he would knock my bââhead off? A. No; I visited him when he was at the hospital; he said he was as much in fault at you, and he freely forgave youâyou did not leave the house till I was picking up Smithâhe was bleeding profusely, and I said to you "I think, Jack, you have done it"

JOHN BRAWN . I am in the employment of Messrs. Pawson & Co., St. Paul's Churchyardâon 26th September the prisoner came into my departmentâhe selected from another of the empleyes of the house in my presence two pieces of silkâhe, said they were for Messrs. Weeks & Co., of Southampton RowâI don't think he said whether he was going to take them or whether they were to be sent, but that does not concern the person who sells them.

JOHN PAINE . I am a warehouseman in the employ of Messrs. Pawsonâon Thursday, 26th September, I served the prisoner with two pieces of silk of the value of 59l. 7s. 7d.âI asked him where they were to be sent, and he said to Weeks & Co., of Southampton RowâI have been about two years and nine months in the employment of Messrs. PawsonâWeeks & Co. are customers of theirsâI got the goods ready, and sent them down to the entering-room in the usual wayâit was not my duty to see that they were sent offâI sent down a ticket of the value of the goods and the name of the purchaserâI gave credit to Messrs. Weeks & Co.

Cross-examined. It was between 12 and 1 o'clock when the prisoner cameâI was with the last witness when he came to select the things.

WILLIAM HENRY SYMONDS . I am assistant to Messrs. Weeks & Co., in Southampton Rowâon Thursday evening, 26th September, we received two parcels of goods from Messrs. Pawson's, containing two pieces of silk, two pieces of black velvet, and two pieces of coloured velvetâthose things had not been ordered by usâthey were sent to Baker Street the next dayâMr. Weeks has a brother carrying on business there, and the goods were sent to his place.

WILLIAM DAWSON . I am an assistant in the velvet department at Messrs. Pawson'sâon Thursday, 26th September, the prisoner came in and asked me to show him black velvets at about 5s. and 8s.âI showed them to him, and he bought two pieces of each priceâas he was going away I called his attention to two pieces of coloured velvetâhe bought those and

went awayâthe value of the four pieces was about 30l.âhe ordered them for Messrs. Weeks, of Southampton RowâI sent them down to be entered to Messrs. Weeks, and I gave credit to them.

Cross-examined. I don't know the time he cameâit was after noonâI dine at 2 o'clockâI believe it was before my dinner.

JOHN YOUNG . I am entering clerk at Messrs. Pawson'sâon Thursday, 26th September, I received two parcels for Messrs. Weeks & Co., of Southampton Rowâthere were two pieces of silk sent down first, and afterwards some velvet came downâI entered them between 3 and 4 o'clock in the afternoonâthey would leave about 4.30, when our cart leaves.

JAMES WEEKS . I carry on business as a draper in Southampton RowâI am a customer of Messrs. Pawson'sâI don't know the prisoner at allâI did not authorise any person to order any goods in SeptemberâI received some goods; I opened them, and found they were not goods ordered by me, or any one in the houseâI have a brother, John Weeks, and we naturally have mistakes sometimes made, and I sent the goods on to him in Baker Street, on Friday.

Cross-examined. Mine is a large business, and there are several persons in my employâpersons order goods for me if they are sent to do soâI have no partner, except my wife, and she does not attend to the business at allâI order all goods myselfâmine is a general drapery tradeâif I was away I should order through my clerkâpersons have sent goods to me, and then come to see me afterwards about them, occasionallyâsmall quantities, as samples.

Re-examined. I never had a parcel sent from Pawson's in that wayâI order the goods myself, or else send a special order for themâI never employed Maskell, and he had nothing whatever to do with my establishment.

JOHN ELLERTON PAWSON . I am one of the firm of Pawson & Co.âon Friday, 27th September, somebody was sent to fetch the goods back from Baker StreetâI don't know whether any one went to Southampton Row.

Cross-examined. I heard the goods were at Baker Street, and I sent there and got them backâI have lost nothing by this transactionâI prosecuted two persons, the present prisoner and JohnsonâI thought there was a very strong case against them at the Police Court, but I found afterwards that as regards Johnson it was a mistakeâI don't know that a Mr. Miller appeared at the Police Court, or that he gave the prisoners into custodyâI have seen Mr. MillerâI did not know that he represented himself as prosecuting this matter, certainly not for usâI took no steps myself personally, and I really know very little about the matterâI think I heard from my father or cousin that some one had been given into custodyâthey are not hereâthey assist in the-management of the businessâmy father is the prosecutorâI was not at the Police Court on the first hearingâI don't know that Miller appeared there to prosecute as a solicitor; I know he called on my father, but I don't know what took place.

JOHN SHADBURY HUNWICK . I am in the employ of Messrs. Pawsonâon Saturday, 28th September, I went to Mr. Weeks, of Baker Street, in consequence of instructions, to fetch back a certain quantity of silks and velvetsâI can't tell the amountâI was present when the prisoner ordered the. goods, and I saw him select themâI believe they were the same goods, considering they had our marks on them, and were the same description, quantity, and quality.

JOHN WALTERS JOHNSON . I live at 6, Percy Street, Tottenham Court

RoadâI am a druggistâI have known Maskell three or four yearsâon Friday, 27th September, he called on me about 4 o'clock in the afternoonâhe said "I don't know whether you are aware of it, but I have come into some property by my wife's relations"âI knew that one of his wife's relations had diedâhe said "I have been buying some goods from Messrs. Pawson's, of St. Paul's Churchyard, and, by some mistake, they have got to Weeks & Co., in Southampton Row, and I have sent the barman or potman to fetch them, but they say that they must have an order from Pawson's to deliver them back to them; I have got the order, and I want you to take it, and if you take the order and get the goods I will give you 2l"âI said "Let me have the order to look at"âhe produced the order; I looked at it, and, knowing the handwriting, I said "You know this is a forgery; you know the handwriting as well as I do, and I am surprised you should come to me to ask such a question"âit was in Johnson's handwritingâI did not goâthe prisoner said "Well, I thought you might not like to do it for Mr. Johnson, but you would do it for me"âI said I would do nothing of the kind.

Cross-examined. I have always gone by the name of Johnson, never by any other nameâI never changed my name and put one name first, and the other after itâI have never been in prison, and never had a warrant out for my apprehensionâI have known Johnson about ten yearsâI have not been very friendly with himâthere was never anything wrong between I and Maskell, we have always been friendlyâI knew that he was acting as Johnson's clerkâI was never turned out of Mr. Johnson's office for being drunk, and never stole a book of himâI did not steal that book (produced); it is quite untrueâa constable was not fetched to give me into custody for stealing the bookâI am not in business nowâI have been a druggistâI was never a director of a company, nor secretaryâI have been a bankruptâI was never a director of the Provincial Union Assurance Companyâ(looking at a paper)âthat is my signature "Walter John Johnson"âI was not director of that companyâI was engaged by Johnson to act and sign anything that he thought properâI am not the secretary of the Tradesman's Commercial and Legal Association for the Detection of Mercantile Fraudâthis signature "J. W. Johnson" is mine, that was to suit Mr. Johnson's purposeâI never changed my names about except to suit his purposeâI will swear I have not gone under the name of WaltersâI did not come to London as Walters from Liverpoolâwhen I came from Liverpool, I came to Mr. Johnson as John Walters JohnsonâI know Mr. Miller, a solicitorâhe is not a friend of mineâI first acquainted Mr. Miller with the facts I have told you to-dayâhe is an attorney, and he does my business, and I sent for him and asked him to look after Mr. Maskell and the goodsâthat was on the Saturday morningâI left it in Mr. Miller's handsâI merely instructed him by letter and said such an application had been made to me, and I asked him to acquaint the Pawsons of it.

DAVID LATTO (Policeman 144 B). I took Maskell into custody on Saturday, 28th September, at King's Road, Bedford RowâI charged him with obtaining silks from Messrs. Pawson's, of St. Paul's Churchyard.

Gross-examined. A gentleman named Miller first put me in motionâI have seen him here with the witness Johnson, but not beforeâI found some documents on Maskell; a receipt for some rent and some other papers.

ASTELAN WILLOUGHBY . I am in the employment of Mr. Weeks, of Baker Streetâon 27th September I gave up. some goods to Pawson'sâI could not swear to the goods.

WILLIAM HENRY SYMONDS (re-called). A person called at Messrs. Weeks, Southampton Row, in the evening after the goods had been sentâI did not give them up to him because he had not got an orderâthat was before they were sent to Baker Street.

JAMES EASTERBROKE (not examined in chief).

Cross-examined. Johnson, who was afterwards charged, occupied a room in my houseâI have seen the witness Johnson going in and outâI was not aware that he was ever turned out for drunkennessâI was never told to turn him out.

LOUISA EASTERBROKE (not examined in chief).

Cross-examined. I am the wife of the last witnessâI have seen the witness Johnson in and out of the office; but he was not the occupierâI have never complained of his coming there on account of his drunkennessâI have known him to be drunk there occasionally.

GUILTY .â Fifteen Months' Imprisonment.

22. DAVID HARRIS (36) , Feloniously receiving twenty yards of fur, the property of Robert Boyce and others, well knowing the same to have been stolen.

WILLIAM WOOD . I am a plate-printer, of 3, Dean Street, Fetter Laneâon 29th August, 1858, I was present at the Church of St. Leonard, Shoreditch, when the prisoner married my daughter Mary Ann Wood, who is now outside the Court.

JANE ANN OSBORNE . I live at 6, Northampton Street, Clerkenwellâon 30th September this year I was married to the prisoner at St. Dunstan's-in-the-WestâI was a widow at the time.

THOMAS COLE (Policeman N 452). On 29th October the prisoner was given into my custody in Fleet Street by his first wifeâI told him the charge; he made no answerâI produce the two marriage certificatesâI have compared them with the registers at Shoreditch Church and St. Dunstan's Church; they are correct.

MR. FRITHcontended that it devolved upon the Prosecution to prove that the Prisoner knew that his wife was alive, which they had not done. (See "Reg. v. Turner," and "Beg. v. Lumley," Archibold's Crown Cases.) MR. H. GIFFARDsubmitted that, as the Prisoner expressed no surprise when his wife

met him and gave him in custody, that was proof that he was aware of the fact.THE COURTconsidered that, as the Prisoner had described himself in the second certificate as a bachelor, and not as a widower, it was for the Jury to say whether that was done for the purpose of concealing the previous marriage.

MR. FRITHtoW. WOOD. Q. Did your daughter live with you? A. No; I know that she often used to see her husband after he left her; they have been living together within the last three monthsâthat was before the second marriage.

GUILTY . The Prisoner stated that he lived very unhappily with his wife and left her, allowing her 17s. 6d. a-week for the support of their five children. Six Months' Imprisonment.

27. HARRIETT HALL (19), and MARY ANN READ (21) , Feloniously forging and uttering an order for the payment of 10l. 10s., with intent to defraud.

MR. LANGPORDconducted the Prosecution; andMR. MOODYthe Defence.

WILLIAM CARTER . I am a fishmonger, of 9, Marylebone LaneâMrs. Turner is one of my customersâon Saturday, 26th October, Read came and asked my young man outside if I would oblige Mrs. Turner with change for a cheque for 10l. 10s.âI heard her speak to him, but I was attending to two customersâI gave the prisoner 10l. 10s. in gold, and she gave me this cheque: "Newcastle-upon-Tyne, Oct. 16, 1872. Messrs. Wood & Co. Pay Louise M. Gore 10l. 10s. Alice C. Gray," endorsed "Louise M. Gore and Mrs. Turner"âit was never paidâI could not hear what the prisoner said to the young man, but he spoke very loud to me, saying "Will you oblige Mrs. Turner with change for a cheque for ten guineas," and, being a customer for years, I gave her the money.

LOUISA MARIA GORE . I am singleâI was staying at 22, Woburn Placeâthis cheque has not my signatureâin October I was staying at my brother's lodgings, 118, Gower Streetâthe two prisoners were servants thereâI was expecting a cheque from the country from Mrs. Gray, and, on 17th October, received a letter from her without any cheque, but I did not expect it particularly in that letterâthis cheque is in my favourâI did not authorise any one to sign my name to it.

Cross-examined. I was never in the habit of signing my name LouiseâMrs. Gray is, a friend of mineâI have seen her write many times, and am prepared to say that this is her signatureâshe spells her name "Gray," not "Grey"âI did not notice that the letter had been opened.

GEORGE KING (Detective Officer D). About 1.30, on 10th November, I went to 5, Lancing Street, St. Pancras, with Mr. CarterâI knocked at, the door and saw ReadâI asked her if her name was Readâshe said "Yes"âI said that I was a policeman, and was going to take her for obtaining 10l. 10s. from Mr. Carter, and also for stealing the chequeâshe said that she knew nothing about itâwe went up stairs with her, where we saw the prisoner HallâRead said "Am I obliged to go?"âI said "Yes"âshe said to Hall "Then if I go you will have to go too; you are as bad as I am; you persuaded me to do it"âHall said "I know I did, and I am willing to go with you"âRead said to Mr. Carter "If I tell the truth you won't charge me"âhe said "The case is not in my hands, it is in the hands of the policeâI said "It is not a matter for Mr. Carter, because you will be charged with stealing the cheque"âshe said "I will tell the truth, we did take it, and I have part of the money here, which I will give you if you

won't charge me"âshe went to a box, unlocked it, and took out 4l. 10s. in gold, 15s. in silver, and some gold ringsâI took them to the stationâMiss Gore came thereâI had the cheque in my hand, and she said that the signature was not in her writingâRead said "No, it is not," and Hall said "It is my writing; I wrote it."

Cross-examined. Hall said "I am willing to go," and Mr. Carter went out of the roomâRead said "I will tell you all the truth about it," but Mr. Carter was called back, and I repeated to him in her presence what she had said, and then she said "I have part of the money in my box, and I will give it to you"âthe statement was made perfectly voluntarily.

MR. MOODYcontended that the Prosecution had failed to establish a material averment, namely, that the document was "an order for the payment of money, to wit, 10l. 10s." It was not proved that Mrs. Gray had any money at the Bank in question, and if the prisoners simply subscribed Mrs. Gray's name to a valueless piece of paper that would not amount to a forgery.THE COURTconsidered that it would be equally a forgery if there were no assets at. the bank.

HALLâ GUILTYof the forgery. â Four Months' Imprisonment.

READâ GUILTYof uttering. She was further charged with having been convicted in February, 1870, to which she

PLEADED GUILTY.â Seven Years' Penal Servitude.

OLD COURT.âWednesday, November 20th, 1872.

Before Mr. Baron Bramwell.

28. AUGUSTUS ELLIOTT (25), was indicted for the wilful murder of Mary Jane Aldington, otherwise called Ellen Moore. He was also charged on the Coroner's Inquisition with the like offence.

ELLEN LAMBERT . I am the wife of Thomas Lambert, and live at 9, Northport Street, Hoxtonâon 17th July last I let my back parlour, with the use of a, sitting-room, to the deceased girl, Ellen Mooreâshe gave that nameâI had not known her beforeâthe prisoner joined her on the Saturday nightâI believe she went to meet himâthat was the first Saturday after she cameâhe continued to come every Saturday afterwards, and stayed till Mondayâon Saturday, 14th September, he had been there ten daysâhe stayed that Saturday night and the Sunday, and until MondayâI did not see anything of him on the Monday morningâI saw the deceased about 11.30 that morning; she was coming up stairs from below, with a jug of water, to her roomâI saw her go into her room, and saw nothing more of her till 2.30âI then heard the report of a pistolâbefore I could get up stairs there were three reportsâthey appeared to come from their roomâI went to the door, and tried it; I found it was lockedâI tried to break it open, but found I could notâI ran to the street door, and called for helpâa man named Barrett came up, also Alexander, and Mrs. Brett and Mrs. Howard, two neighboursâI went for a policeman and somebody went for a doctorâwhen I got back the room door had been opened, and I saw Moore coming from the room, bleeding very much from the cheek and from the eyeâI caught her in my arms, and sat her on the stairs for a second, and then took her down into my roomâshe managed pretty well to get down the stairs by herselfâI gave her some water, and the neighbours bathed her faceâwhile she was there I went up into her room aloneâI saw the prisoner

there, lying on the bad on his backâI asked him What he had done it with; he pointed to the table, and said "My revolver is there"âI picked it up; it was lying underneath the toilet-tableâhe could almost reach from the bed and put it thereâthe handle was wet with bloodâI handed it to Barrettâthe prisoner said "Be careful of it; there are two chambers not gone of"âhe told me to go to his pocket, and take a ring from his waistcoit, and place it on the girl's fingerâI showed him the ring that I took from the waistcoat, and asked him if that was the one; he said "Yes"âI then took it down stairs, and placed it on the girl's finger, and said that Gus had Bent it downâshe said "Oh, has he?"âit was a ring I had seen beforeâthe doctor came, and they were both taken to the hospital.

Cross-examined. I did not see anything of the prisoner except about once a week, perhapsâI might have opened the door to him on one or two occasions, or I might have met him in the passageâthey went out every night during the eight or ten days that he was thereâI don't know what time they returnedâthey went out about 8.30 or 9 o'clockâshe had a latchkeyâsometimes I have heard them return about 12 or after 12 o'clock, but it was very seldom that I heard them come homeâbefore that, he had only been in the habit of remaining from Saturday to Monday, always coming.

WILLIAM BARRETT . I am a fishmonger, and live at 16, Wilson Street, Hoxtonâon Monday, 16th September, I was in Northport Street, and saw Mrs. Lambert outside her door, No. 9âin consequence of what the said to me I Went into the back parlour; the door was closed, but I got in by merely turning the handleâthe deceased had then been taken Out of the room; she was not thereâI was the first man that was in the roomâI saw the prisoner lying on the bed on his backâI turned round and said they ought to be ashamed of themselves to leave the man lying there in the gore of blood in which he wasâI saw blood upon himâhe asked me if the girl was deadâI said "What girl?" I did not know anything about a femaleâhe said "The girl that I have shot"âwith that in came Mrs. Lambert find asked if I would go down stairs and see the girlâI did so, and afterwards returned into the room where the prisoner wasâhe asked me if I would give the girl the ring out of his pocketâI said ho, if he would wail, some one would be there and go to his pocket for the ringâhe asked me a second time, and soon after that Mrs. Lambert came in, and he asked her to go to his pocket for the ring, and she did soâI saw her show him the ring, and she said "Is this the ring?" and he said "Yes"âhe said "Good God, I must have been mad to do such a thing as this; I shall get seven years for it at the least"âbefore this, when I came up, he asked me how the girl was, and I told him she was much better than he was, but to keep himself quietâhe wanted to rub his forehead where he was woundedâhe told me that his revolver laid under the table, and to be careful of it, as there were two charges in itâMrs. Lambert picked up the revolver and gave it to me, and I put it in my pocketâI afterwards gave it to the policeâthe prisoner asked me if I would give him some brandyâI said "No, that is more than I can do"âthe doctor and the police came in shortly after, and the doctor ordered him some brandy.

Cross-examined. There was not a great deal of blood coming from the wound in the prisoner's head, it had done bleeding; there was a great deal of blood about the placeâhe seemed injured; he just seemed as if he was coming to himself.

FREDERICK ALEXANDER . I am a carpenter, and carry on business at 13, Northport StreetâI knew the deceased by sight; I have seen her go in and out of Mrs. Lambert'sâon Monday afternoon, 16th September, about 2.30, I was standing at my door, and was called by a man standing on the steps of No. 9âin consequence of what was told me, I went to the door of the back parlourâBarrett came in and I went to look for a constable, and when I came back Barrett was going into the room; at that time the deceased was not in the roomâthe prisoner was on the bed bleeding from a wound in the headâI did not speak to him or ask him any questionâabout five or ten minutes afterwards Barrett left the room, and I was left alone with the prisonerâhe said if the girl got over this he might get seven yearsâI told him I did not think soâhe asked if I would go and see how the girl wasâI went down and looked at her wounds, and came back again and told him I did not think it was so bad as was representedâhe asked me how she was; he said she had two balls in herâhe said he wished he had finished it, meaning himselfâI told him I thought the bullet was not large enough to kill himself; I had seen the pistol at that time, it was picked up from against my feetâI helped Inspector Ramsay to carry him out to the cabâhe asked me to shut the window of the cab, people were staring at him, and he said, in a hoarse voice, "This is with whoring"âsomething was said about his name and address, and he said the papers would get that soon enough the next morning.

Cross-examined. I had seen the deceased before this at places of amusement, not with the prisoner, at the Grecian Theatre, I have frequently seen her there.

DANIEL RAMSAY (Inspector N). On Monday, 16th September, just before 3 o'clock, I went to 9, Northport Street, and into the room on the ground floor, where the prisoner wasâthe surgeon was there attending to himâI afterwards saw the girl belowâthe pistol was handed to me by Sergeant GoodyerâI produce it; it is a seven-chambered revolverâI found that five of the chambers had been discharged, and two were still loadedâI told the prisoner I should have to take him to the hospitalâI sent for a cab, and carried him into itâon the road to the hospital his head was covered up with a handkerchief; he uncovered himself, and looked outâI said "Your name is Augustus Elliott"âhe said "How did you find that out?"âI said "The woman told me"âseeing that he looked respectable, I said "Are you a gentleman?"âhe said "No, I am not a gentleman, but my friends are very well off"âwe went a little further, and then he said "I did not buy the revolver with the intention of shooting her, but to take with me to America; we had a few words, and I fired at "her three times and myself twice"âI said "If you are a gentleman, I will telegraph to your friends"âhe said "Oh, my friends will find it out soon enough by the papers in the morning"âin his coat pocket I found a box of cartridgesâI have tried them, and they fit the pistol; they are the same sort as the ones that were extractedâI left the prisoner at the hospital, and returned to the house and examined the roomâI found an indentation in the party-wall about 4 feet 6 inches from the floor, such as would be made by a small bulletâMrs. Lambert gave me a bullet; I should think it was one that had been firedâon the 8th October the prisoner was taken from the hospital to be charged with this offence.

Cross-examined. I only saw one indentation in the wall.

CHARLES SIMPSON . I am a surgeon at 147, Kingsland Roadâon 16th

September, about 2.30, I was sent for to Mrs. Lambert's houseâI went into the back room, and saw the prisoner lying on the bed; he was suffering from two wounds in the head, one near the centre of the forehead, and the other on the right side near the templeâI then went down stairs, and saw the girlâshe was sitting, attended to by Mrs. Lambert and some of the neighboursâI found two bullet wounds on her, one in the left eye and the other in the left cheekâI did what I could for them, and sent them bothâto the hospital, after giving the prisoner a little brandy.

JANE KING . I am a single womanâI now live at Murray Street, HoxtonâI formerly lived at Mrs. Lambert's, 9, Northport Street, and occupied the first floor back roomâthe deceased Ellen Moore occupied the back parlourâwe both had latch-keysâI had known her about two years, and the prisoner about a twelvemonthâhe used to visit the deceasedâI think he was away about twiceâI don't know for how long, only what Nelly Moore told meâfor about ten days before this occurred he had been staying at Mrs. Lambert'sâI saw the deceased on Sunday morningâI did not see her at all on the MondayâI was in the house when the shots were firedâI went to the hospital with her and had some conversation with her, in consequence of which I saw the prisonerâhe was then at the hospitalâI said "Gus, what did you do it for?"âhe said "You know very well, Jenny, what she is; she is always wanting more money than I can afford to give"âI said "You have disfigured her for life"âhe said "Look what I have got to suffer"âhe said "She is not an ignorant girl, and she could get her living in a different way."

Cross-examined. The deceased and I used to go out together to the Grecian SaloonâI don't know that the prisoner was some time in America, only what the deceased told meâI knew he was awayâshe used to tell me that he used to go awayâwhen he was in England he used always to come on a Saturday night to the Grecian to meet her, and then go home and stay with her till the Mondayâhe seemed to be very fond of her, and always acted as a gentleman towards herâhe always treated her with kindness and affection in every wayâI was not with them at all during the last ten daysâI only saw them in the evening when I used to meet them at places of amusement, not to speak to themâthey were out late every eveningâI don't know whether he had been drinking a good deal, or whether he was spending his money freely.

GERALD CREASY PARNKLL . I am a member of the College of Surgeons, and am now living in the countryâon 16th September I was house-surgeon at St. Bartholomew's Hospitalâbetween 3 and 4 o'clock that afternoon the prisoner and the deceased were brought thereâI examined the deceasedâshe was wounded in two placesâthey were two gunshot wounds, one in the left cheek, and the other had pierced through the left eyelidâshe was in a state of partial collapse when she came inâI had to administer stimulants till 8 o'clock in the eveningâshe was placed under chloroform, and the bullet was extracted from the upper jaw; that was the one that had entered the cheek; I produce itâI examined the wound in the eyeâI found that the bullet had passed through the eyelid and into the eye, and so into the headâI was not able to do anything to that woundâshe progressed as favourably as possible under the circumstances, until 2nd October, when I resignedâI did not see her afterwardsâanother gentleman took charge of the case thenâI examined the prisoner when he was brought in, and found two wounds on his foreheadâthey were both gunshot wounds,

one in the middle of the forehead, the other on the right sideâboth bullets were extracted, the one in the middle of the forehead on the 18th and the other on the 17thâI produce themâthe prisoner went on very favourably indeedâthe bullets were flattened against the boneâhe made a statement to me when I first saw himâI said to him "What have you done?" and he said "I have shot the bitch"âI used to converse with him sometimes of an evening, as I did with other patients, and I made some little notes, and concocted a story of my own; but as to swearing to it I could not; it was to this effect: that he had a row with the deceased, and that she threw a ring at him, and he had bought a pistol to take with him to America, and he in his passion, when she did that, took out the pistol and shot her, and then, seeing what he had done, he shot himselfâthat was as far as I could make out, but I could not swear to it; there were hundreds of other patients.

Cross-examined. He seemed in a very excited state when he said at first that he had shot herâhe did not show any signs of hard-drinkingâhe was under my charge from 16th September till 2nd October.

COURT.Q. Had the bullet gone through the cheek bone? A. It was lodged partially in the cheek bone, and it was extracted from the cheek bone itselfâit had lodged in the upper jaw.

MALCOLM POTGNAND . I am a surgeonâI was house-surgeon at St. Bartholomew's Hospital on 3rd October, and then took charge of the deceased Ellen Mooreâshe was suffering from two bullet wounds, one on the left cheek, and one in the left eyelid piercing the eyeball; they had both healed upâshe had some bad symptons, but she went on fairly well up to 16th October; on that day she became very much worseâon the 18th she made a communication to the sister of the ward as to where her mother livedâshe died on the Sunday morning, the 18thâthere was a post-mortem examination on the 21st, which I attendedâthe head was opened, and I found this bullet towards the centre of the base of the skullâthe cause of death was inflammation of the brain and its membrane, produced by the bullet.

JAMES SQUIRES . I am a gunsmith at 14, Newcastle Street, WhitechapelâInspector Ramsey showed me this pistol, it is a revolver with seven chambers; I drew the two chargesâit is a single-action pistol, you have to cock it each time of firingâit has no cap, but a small rim cartridgeâthere are three grains of powder in the cartridge, as well as the detonating powder.

SARAH ALDINGTON . I am the wife of John Aldington, and live at Cheltenhamâthe deceased was my daughter, she was in her twenty-second yearâshe left her home about four years ago, and I had not seen her since, until I saw her at the hospitalâher name was Mary Jane Aldington.

30. JOHN WILLIAMS (22) , Feloniously killing and slaying Robert James Pasley.

MR. COLLINSconducted the Prosecution.

ALFRED PASLEY . I live at 87, Marlborough Road, Chelsea, and am a smithâon Thursday evening, 7th November, I returned home, and found my little boy Robert, nine years old, suffering from pains in his insideâI called in a doctorâmy son died on 8th November, in the evening.

WILLIAM DOHERTY . I am sixteen next July, and live at 1, Regent's Place, Leader Street, ChelseaâI have known the prisoner sixteen years, and never knew anything against himâhe is a labourerâI have seen him in the "Guy" and in the "Jack-in-the-Green" for the last three yearsâon 7th November I was outside the Royal Oak public-house, and saw him in a clown's dress, with three chaps, about twenty years old, dressed the same as he was, and a boyâthey were dancing, and some boys, who live in Oakum Street, were round themâthe boys went behind Him, and stuck him with pinsâthey always do so every time there is a "Guy" or a "Jack-in-the-Green;" that is part of the amusement, because they think it is a larkâa clown's dress is loose over the figureâwhen the pins were stuck into the prisoner, I saw him attempt to kick one of them, who stepped on one side and avoided it, and he kicked another boy instead, who fell downâI do not know his nameâI don't think it was Robert PasleyâI have been examined before, but my father said I did not know which boy it was, and I was taken to the house where Pasley was lying dead, and he was not so big as this boyâI have not said "The prisoner kicked Robert Pasley in the stomach;" I never mentioned his name, I did not know itâI have only talked to the Magistrate and the Coroner's jury about it.

COURT. Q. Tell the truth; you will do more harm than good if you have been persuaded to keep back anything you know. Tell the truth as far as you know it. Do you know who the boy was? A. No, I had never seen him beforeâI know I never gave his name before the Magistrate.

MR. COLLINS. Q. Did the prisoner kick a boy in the stomach? A. Yes, and that boy fell on the groundâit was not Robert Pasley; Robert Pasley was not so bigâI do not know who the boy was who he did kickâI saw Robert Pasley in his coffin; that was the first time I did see himâI am sure the prisoner is the man who kicked a boy.

Prisoner. Q. Did you stick any pins into me? A. Yes.

Prisoner. And I clouted them for it. Two or three stuck pins into me, and I tried to hit one of them with my right hand, but missed him. I did not kick him. There were three or four of them; they were strangers to me. I kicked no boy at all. I was running across the road; it is rather a dark place, and I went up against him.

FRANCES MCKENZIE . I live at 40, Ive Street, Chelsea, and am the wife of a cab-builder thereâon Thursday evening, 7th November, between 7 and 8 o'clock, I went by Oakum Street, which is close to Leader Street, and saw a "Guy Fawkes" and two clownsâthe tallest of the two clowns caught Robert Pasley with his feet in the side, near his stomach, and he fell downâI mean that he kicked the childâthe child went towards the gate, and he could not stand, and fell down by the gateâthe prisoner is the clown who did itâthe boy fell first, and the prisoner fell across himâthe prisoner got up, and ran after the "Guy Fawkes"âthe boy crawled to the gateâsome one came up and rubbed his side, and he said "Don't rub me there; that is where he has kicked me"âI saw no other boys, and saw no one doing anything to the prisoner.

Prisoner. Q. I fell over the child and fell in the gutter. Did I kick the boy? A. Yes, you did.

COURT. Q. When you say he kicked the boy, could you see whether I he kicked at that boy or another boy? A. The crowd was at the bottom of the streetâI did not see any other boy; this boy was by himselfâthe boy tried to get up, and the prisoner fell over him, and then the boy crawled towards the gateâhe kicked the boy in frontâthe boy was facing him when he ran up and kicked himâthe boy was going out of the street and the prisoner was coming into the streetâthey were 30 yards down the street.

JOHN HUTTING . I am a costermonger, of Westcott Street, Kent Street, BoroughâI know the prisoner by his going out as "Jack-in-the-Green," and as "Guy"âI have been out with him as "Jack-in-the-Green"âon 7th November I was in Leader Street, dressed as a clownâwe went to the coffee-shop to get some cake, and saw the prisoner running to catch the "Guy"âsome boys had stuck pins into the prisoner, and he made a clout at oneâI saw Robert Pasley down Oakum Street, stopping looking at something, and the prisoner fell over him into the gutter, and knocked him downâhe was not kickedâthe prisoner was running to catch the "Guy"âwe were separated from the "Guy" when we went to the coffee-shop to get the cakeâI say that the prisoner fell over the child accidentallyâthe child then sat on the kerb and said nothing, and we did not know he was hurt; and the prisoner got up and brushed the mud off his own clothes.

COURT. Q. How long did you stay? Did you see the child afterwards? A. I only saw the child sitting on the kerb, and I ran on to catch the "Guy"âwe never thought the child was hurtâhe got up and sat on the kerbâit was a quarter of an hour after the pins were stuck into the prisoner that he ran down to catch the "Guy."

JURY. Q. Was any one sticking pins into him at the time he knocked the child down? A. Noâhe was running to the coffee-shop, and it is a very dark street, you can hardly see your hand before you.

LOUISA SIMMONDS . I am 11 years oldâon 7th November I was following the "Guy" in Oakum Streetâthere were four men and a little boy with the "Guy"âI saw some boys there, and little Bob Pasleyâthe man kicked Pasley in his sideâI was 3 or 4 yards from himâthe boy said "Don't kick me again, you have kicked me once"âthe clown kicked him again, and said "Take that, you beast"âI do not know why he kicked him in that wayâhe kicked him twice, and the boy crawled along up to a window-ledge, and then he stood crying, and then he crawled along up to the Oak, and a gentleman carried him homeâthe clown then ranâthe clown did not fall down when he kicked him, but afterwards, as he was running, he fell on his handsâthe clown fell as far from the boy as from here to the other side of the roomâI would not be sure that the prisoner was the clown who kicked him, unless he was dressed in his clown's clothes.

Prisoner. It was the other clown kicked another boy; this boy was standing in the road, and I knocked up against him, and fell over him.

COURT. Q. Was the clown who knocked the child running? A. Yes, but he stopped and kicked the little boy in the side, and then ran awayâsome other boys were there, but not many.; there were none in the way near the boy who was kicked.

HARRIETT DAVENPORT . I live at 20, Oakum StreetâI know nothing of

the prisoner, but I saw him in the "Guy Fawkes" on 7th NovemberâI saw the little boy Pasley looking after something in the middle of the road, and was just going to ask him what he had dropped, when the down, who was running with all his force, fell over himâthe clowns both fell down, one fell over him, and then the other fell over himâI was close against the boy and was the first to pick him upâhe fell against McKenzie's gate, and I picked him upâI had my baby in my armsâhe was very ill, he put his hands across his stomachâI cannot say whether the prisoner kicked him because it was so darkâit appears that the clowns were running away from some boys who were sticking pins into themâI heard the clowns complain that they had been sticking pins into them on sticksâthat was not many minutes before they fell over the childâI only live three or four doors from there, and was going for something for my husband's teaâI had seen the prisoner once before, but I never spoke to himâI believe he was dressed as a clown when I saw him beforeâmy husband is a china hawker.

COURT. Q. Has anybody talked over this matter with you? A. NoâI am speaking from what I saw, not from what I heard; I was the first that saw the child fall.

SAMUEL WALTER FARROW , M. R. C. S. I live at Fulhamâon Thursday night, 7th November, a little before 9 p.m. I was called, and found a little boy on a bed writhing in agony; he was cold and pulseless, and complained of great pain in his sideâI found no external marks, but great tenderness on pressure on the right side of the bellyâthat would not be a likely place to show a bruise, the elasticity of the walls of the stomach would prevent itâa sharp-pointed boot would have produced a mark, but a dull heavy blow would notâhe died the following night Friday, and on opening the cavity of the abdomen I found the intestine bunt; it was a lacerated kind of tear, and there was a quantity of fetid matter and facesâthat was the cause of deathâthe laceration must have been the result of some direct external violence; some heavy pressureâa fall and being run over by a man would produce itâI have seen a waggon wheel which passed over a body produce the same resultâit would be too much of a guess whether it was more likely to be produced by a kick or a fall.

COURTtoLOUISA SIMMONDS. Q. Have you had any talk about this matter with anybody since? A. NoâI did not talk to the boy's mother, or hear anything from her about it, not a word.

MR. COLLINSproposed to call evidence to prove a statement made by the deceased about ten minutes after he was brought home.

THE COURT (having consultedMR. BARON BRAMWBLL) ruled that it would be dangerous to receive such evidence.

Prisoner's Defence. All I can say is I am very sorry for it; it was done quite accidentally. I had no idea of doing any harm.

NOT GUILTY .

31. WILLIAM CARWARDINE (49) , Feloniously killing and slaying John Little. He was also charged on the Coroner's Inquisition with the like offence.

EDMUND HENRY REISBACK . I am a carpenter, and lived at this time at 5, Park Terrace, Kilburnâon Saturday, 26th October, I went into the Clifton Arms about 3.45, and saw the prisoner sitting in a chairâLittle came in after me, and called for half-a-pint of beerâthey got telling

laughable tales, and were very friendly together, and at about 4.50 they began light sparring in a friendly mannerâLittle said "Only just take the fly off the nose"âthe prisoner proposed slapping with the open hands, and Little agreed to itâthe prisoner gave Little rather a hard smack in the face, and Little said "That is a cowardly action, and I take it as an insult;" and he put up his fist and hit the counter, and said "So help my Christ, if you only attempt to do that again, you or I will be a corpse"âthe prisoner went out first, and left us both there; I went out next, and left Little in the public-house.

Cross-examined. All the early part of it they appeared in perfectly good temper; and if Little had taken it in a quiet way, I have no doubt it would all have ended well.

CHARLES MOORE . I am a coachman of 8, Springfield Gardens, Kilburnâon Saturday, 26th October, I was in the stables in Carlton Mews, about 6 o'clock p.m.âthe prisoner was engaged there, he is a coachmanâLittle came in and asked me for a pailâhe was employed at the same stable, as a coachmanâthe prisoner said "Hallea, Jack, are you ready for another go"âLittle told him to ax his bââaâ; and prisoner said "Fâyour bâaâ; you know Jack, I told you before, you are no man"âLittle said "You are no man"âthe prisoner said "I am man enough to be your master, when and where you like"âLittle said "Yon had better start"âthey were then about three-quarters of a yard apart, and the prisoner struck him in the mouth with his handâI think it was shut, but I can't swear positivelyâthey dosed together immediately, and reeled against the the stall-post and down into the stall, where there was a horse, which set to kicking directly, and kicked them bothâI could not see where it kicked LittleâI ran and caught him by the heels, and pulled him out immediatelyâhe did not speak, he was not consciousâhe was taken to St. Mary's Hospital.

Cross-examined. He reeled right under the horse; they both reeled, but the prisoner got out, and clutched the post, or no doubt he would have shared the same fate as the otherâthe prisoner has been my fellow-servant seven years, and is, generally speaking, quietâI never saw anything wrong with himâLittle did nothing to provoke him in my presence.

WALTER WHELLER . I am a coachman, and live at 24, Elgin Terrace, Maida ValeâI was in this stableâI have heard Moore give his evidence; it is true, but there were one or two additional wordsâthe prisoner was sitting joking with me in the stable; he was in liquor a little, but Little was not, that I could seeâthe first blow was not a blow to hurt; it was a sort of challengeâthe prisoner said "I am man enough to be your master," and Little said "Then you can start," or "You had better perform," or "You can strike when you are ready"âI considered that "start" meant fightingâI do not know that "start" has any meaning among our peopleâLittle was outside the door; he had turned back to go for a pail when the prisoner spoke to him.

Cross-examined. When the scuffle took place first, one was outside the door and one was insideâI have known the prisoner two years and a half, working in the same placeâI never had a single word with himâwhen Little rushed in at the prisoner, I said "Mind the horse," and somebody said "Bâr the bây horse"âI cautioned them both.

from compound fracture of the skull and depression, of the brain; there was also a fracture of the jaw in two places, and some scratches on his faceâa compound fracture is when the bone protrudesâthey were such wounds as would be occasioned by the kick of a horseâhe died on the following Tuesday night, soon after 5 o'clockâhe was never consciousâthere was a post-mortem examination; death arose from compression of the brain, resulting from the fracture.

MR. WILLIAMSsubmitted that the case did not amount to one of manslaughter, the death not being consequent upon the act of the person giving the blow. He suggested the case of a man pursuing another down stairs, who falls and is then bitten by a mad dog, and dies; death could not there be said to be the act of the person pursuing him. The blows in this case were outside the stable, and it was no fault of the prisoner's that the deceased fell under the horse, nor was it proved that the prisoner knew that there was any horse in the stable. Death did not, therefore, flow out of the act of the prisoner, so as to constitute manslaughter. (See "Russell on Crimes," vol. i, p. 854.) MR. DOUGLAScontended that there was, in the language of Foster, "an accident which human prudence could have prevented;" there was danger, for the mm were actually warned that they were in a perilous position, just as much as if they had fought on the kerbstone of London Bridge, with vehicles passing. (See Reg. v. Archer, 1 Foster and Finlayson, p. 351, and Reg. v. Wesley, 1 Foster and Finlayson, p. 458.) MR. WILLIAMSwas heard in reply.

MR. JUSTICE GROVES: "I consider that the case amounts to manslaughter; assuming the facts to be truly deposed to. It was an accident, in the language of Foster, 'which human prudence and foresight could have prevented.' Two people fight in a stable, and it it not an improbable result that they should get among the horses' feet. Gould that be said to be an accident which human prudence would not have foreseen? A horse's kicking was the probable and obvious result of persons knocking each other down, and scuffling at his feet Therefore the. case must go to the Jury."

NOT GUILTY .

FOURTH COURT.âWednesday, November 20th, 1872.

Before Robert Malcolm Kerr, Esq.

32. THOMAS GOLDSBY (67), was indicted for wilful and corrupt perjury.

MR. F. H. LEWISconducted the Prosecution.

JOSEPH FREDERICK JESSOP . I am clerk to the Justices, at EdmontonâI was present at the hearing of the charge brought by the prisoner, and I produce the original depositions, to which I swore the prisonerâthe depositions are signed by him. (The prisoner, in that depositions, accused Weight of stealing a trowel.)

HENRY GEORGE WEIGHT . I live with my father at Grove Cottage, TottenhamâI am a law stationer's apprenticeâon Saturday morning, 17th August, I saw the prisoner, and something passed between us about a dogâI afterwards saw him at work in a house in the High Roadâhe had got a trowel in his hand, working with it, and I called "Cuckold"âhe ran after me, and threw the trowel at meâI picked it up, and took it home to my fatherâthe prisoner went and got a stick, I believe from a shed, and followed me as far as the Queen's Head and "Star, which is about ten minutes walk from the railway-stationâit is not true that I went to the barrow and took the trowel outâI next saw the prisoner in the afternoon, in the road, but he didn't speak to meâI saw him again in the evening, and he then gave me

in charge, and I was taken to the stationâI have known the prisoner about five years.

Prisoner. Q. Didn't you set the dog at me, and call me all manner of names? A. NoâI did pick up the trowel after you threw it at me.

NOT GUILTY .

33. ANN FRANCIS (40), and WILLIAM POWELL (31) , Burglary in the house of Elizabeth Bruce, and stealing there from two table-covers, a cloak, a pair of trousers, and other articles, her property.

POWELL PLEADED GUILTY .

MR. MOODYconducted the Prosecution.

ELIZABETH BRUCE . I live at 48, St. Stephen's Road, and am a widowâon the night of 25th October, between 11 and 12 o'clock, I shut my house upâI came down about 8 o'clock, and found something wrongâno one had been down before me, and I found the gas burning in the back parlourâI missed about 7l. worth of propertyâsome things were spread on the kitchen table, and not taken awayâI have since seen the two table-covers, a gown, and many other things.

JOHN CLARK . I am in the service of Mr. Graves, of Mile End Roadâon 26th October, 1872, I took in two table-covers, two shawls, and a cloakâthey were pawned by the female prisonerâshe came again on Tuesday, 29th October, and offered some other articles in pledge, and I sent for the policeâall the goods have been identified by the last witness.

HENRY WITHERS (Policeman K). I heard of Mrs. Brace's house being broken into, and on the 29th I was called by the last witness to Mr. Graves' shopâI there saw the female prisonerâI produced the articles, and said "Who sent you with them?" and she said "My husband"âI took her into custodyâgoing along, she said "He is not my husband, but a man I have been living with about twelve months"âshe said she was living at No. 15, Cabinet StreetâI went there, and found the male prisonerâI found some other property in the place, which has been identified by Mrs. Bruce and Mrs. Jacks.

ANN JACKS . I am the wife of Robert Jacks, and live at 82, Lonsdale RoadâI got up about 6 o'clock, and found the back parlour window open, and missed about 10l. worth of propertyâsome of the articles now produced are mine.

JOHN CLARK (recalled.) The articles in question were pawned at my place by the female prisoner the day after they were stolen.

CHARLOTTE HIGLEY . I reside at No. 1, Princes Terrace, Bethnal Greenâmy house was entered between the hours of 10 and 6 o'clock on the morning of 10th OctoberâI missed these boots and that razor (produced)âI value them at between 4l. and 5l.

JOHN CLARK (recalled). These articles were pawned at my place.

JAMES HOWLETT (Policeman K). I went to 15, Calvert Street, and searched the place, and there found some of the articles produced, and three tickets, which enabled me to trace the goods.

FRANCISâ GUILTY .â Twelve Months' Imprisonment.

POWELL.**â Ten Years' Penal Servitude.

34. JOHN COLLINS (28) , Robbery, with violence, on Walter Brown, and stealing a watch, his property.

MR. MOODYoffered no evidence.

NOT GUILTY .

The Prisoner PLEADED GUILTY to a second indictment for a common assault.

â Six Months' Imprisonment.

OLD COURT.âThursday, November 21st, 1872.

Before Mr. Justice Grove.

35. PAUL JULIUS MAY (21), was indicted for the wilful murder of Herman Nagel. He was also charged on the Coroner's Inquisition with the like offence.

MESSRS. POLAND, BEASLEY, andHUMPHREYSconducted the Prosecution; and

MESSRS. COLLINSandGOUGHthe Defence.

The evidence was interpreted to the Prisoner by Charles Albert.

AUGUSTE DIRCKS . I am a waiter at a restaurant in the Strand, and am a native of Hanoverâon 9th August I was coming over in the boat from Ostend to Dover, and saw the prisoner and a young man named Herman Nagel on boardâwe got into conversation, and I came with them to London, and took them to Cline's Hotel, Finsbury Squareâthey said that they came from Hanover and were going to Americaâthere was another German and his wife with usâwe were living at Dover, and they asked me to come to London with them, and act as interpreterâwe arrived at the hotel on Saturday, 10th August, and about 10.30 that day, May and myself, and the German and his wife, all went out together to make purchasesâthe young men brought no luggage with them, only a few booksâMay bought a six-chamber revolver in Oxford Street, and paid 2l. for itâI do not know the name of the shopâwe were all five presentâhe had said in passing other shops that he should buy one to defence himself from pickpocketsâhe also bought a tin box of cartridgesâthey both bought some portmanteaus and shirts, for which they spent, I suppose, 15l. or 18l.âbefore they started that morning, May changed 30l. in thaler notesâa thaler is 3s.ânext day, Sunday, I walked to Hyde Park and other places with themâon the Monday we went to the Crystal Palace, and in the evening to the Surrey Gardens, where there was shooting going onâthey both shot, and I noticed that Nagel shot from his left shoulder and May from his rightâwe went from the Surrey Gardens to Cremorne, and got there about 9 o'clockâin the refreshment-room there we met three girls, who turned out to be Burgess, Gordon, and Curtisâthe young men did not speak any English, and they asked me to make acquaintance with the girlsâI found out that Burgess was a German, and May entered into conversation with herâwe were, perhaps, half an hour at Cremorne, and on arrangement was made with Burgess that we should go next day to where they lived, 21, Langton Street, ChelseaâMay made that arrangement; he had the address, I think; and next day, Tuesday, we all went thereâthey spent some money at Cremorne and the other places, but not so very muchâwe all remained at 21, Langton Street on Tuesday nightâwe found Burgess, Gordon, and Curtis thereâthey occupied separate rooms; Burgess occupied the ground floor, and May associated with her; Curtis occupied the first floor, over Burgess's room, and I took up with her; Gordon occupied the ground floor back, and Nagel took up with herâwe all slept there that night, and the next day the young men brought their portmanteaus to that houseâI was with them when they left the hotelâI did not see who paid the hotel bill; I did notâMay usually carried the moneyâwe all slept in the same house in the same way on Wednesday nightâwe went about together on Wednesday, spending money and seeing sights, and about 2 o'clock on Thursday I went with them in a cab to Euston Square Station, with their baggageâthey both said that they were going to Americaâthe German and his wife

were not with us then; we had lost sight of themâMay gave me the money, and I took their tickets for them for Liverpool, and remained till the train startedâI saw it carry them offâthey paid for everything, and paid my expenses throughout, and their ownâMay usually carried the pistolâjust as they were going away by the train, I said "I see you have money enough to reach America;" I saw that May had 30l. or 40l.; "Oh, yes," said Paul May, "and if not I have got the pistol."

Cross-examined byMR. COLLINS. I had not come from Germany, but from BelgiumâI was there six monthsâI had been in England before, and was in the Union Club, at Bradfordâthese men were perfect strangers to me when I met them on board the steamer on Friday night till the following ThursdayâI paid my fare by the steamboat, but paid nothing after I kept company with themâthey gave me their names in DoverâNagel usually carried the moneyâhe paid me 1l. on Tuesday, 12th August, and May paid me 1l. on the Thursday when they started for LiverpoolâI mean to say that 2l. was all I had from themâI said before the Coroner that Nagel bought the pistol, but I was not sureâI gave my evidence last Friday to the Solicitor to the TreasuryâI said before the Coroner that Nagel bought the pistol, and always kept it; I changed the names, I made a mistakeâI, knew that the proceedings before the Coroner were on Nagel's bodyâI said before the Coroner "They had some 40l. in English paper;" I meant that May hadâMay did not complain that I had taken some paper money from him, and also a 50-thaler pieceâhe did not say at any time that, in changing money, I had cheated him out of a 50-thaler pieceâI did not change his money, he changed itâhe never complained of my doing soâthey had some cards printed at the Crystal Palace, with their names on them, but I did not know which was May and which was NagelâI heard them call one another by their names, but I always thought May was Nagelâthey called each other Herman Nagel and Paul MayâI heard the names, but it was always in my mind that May was Nagelâthat is the reason I give for saying before the Coroner that the other man bought the pistol.

Re-examined. I am quite sure the prisoner is the man who bought the pistolâwe left the German and the lady at the hotel, and I never heard of them more.

AUGUSTA BURGESS . I am single, and am a German by birthâI have been in England about ten yearsâin August last I was living at 21, Langton StreetâI was at Cremorne on Monday, 12th August, and there made the prisoner's acquaintance, and that of Nagel and Dircksâarrangements were made for them to come to Langton Street next day; and they came on the Tuesday, May went with me, Nagel with Gordon, and Dircks with Curtisâthey all remained that night, and on the following day they brought their luggageâI saw May's portmanteau in the room, but did not see the contents of itâI did not see anything of a pistol that dayâI do not remember when I first saw the pistol, but it was three or four days before the accidentâthey stayed there on Wednesday night, and left on the following day, ThursdayâMay told me that he was going to Liverpool on business, and that he would return on the Saturday morning, but he came on the Friday insteadâhe told me that he came from BerlinâI had not seen the pistol before the young men left on Thursday; I am quite sure of thatânothing had been said to me about the pistolâthey went away, and I did not see Dircks afterwardsâon the Friday May and Nagel returnedâMay said he had been to Liverpool; he did not say what forâhe occupied my room as

before, and Nagel went to Gordon'sâon the next day, Saturday, May left his watch at a jeweller's in the Strand to be cleaned, I was with himâon the Monday they went out by themselves; they said they had been out on businessâon the next day I missed their overcoats, and in the evening their railway shawlsâI did not notice whether Nagel had his watch that dayâhe generally had his coat unbuttoned, but he then had it buttoned, I thought it strange, and asked him the time, and he said he did not knowâI did not see him use his watchâthey went out again on the Tuesday, the same as on MondayâMay had a long chain which I missed on the Tuesday eveningâhe used to wear itâI first saw the pistol on the Sunday; they had it in their hands once or twice a day, loading it and unloading itâI first saw it in the sitting-roomâit came out of May's portmanteau; it was loaded then I believe, and he unloaded itâGordon and Nagel were there at the timeâI told May to put it awayâhe said he did not want to put it away, and he kept loading and unloading itâI do not remember what he did with it, as he went into the other room for some timeâI was in my room about half-an-hour or so, and then I heard some words in the other room, and went in and saw the pistol still in May's handâI wanted him to put it away, and he would not do soâhe was walking up and down the room, and at last he laid it on the armchair, and covered it over with his handkerchief, and I said to Gordon, that if she could, she had better take it away and hide it somewhereâI asked May to go into the other room with me, and while I was gone Gordon took the pistol up stairs to her own roomâMay returned from my room into the sitting-room, and when he missed it he was very much annoyed about it; he wanted me to give it to him, and I would notâhe had a wet handkerchief in his hand and he hit Gordon in the face with it, but I do not think he did it intentionallyâthis was close upon 10 o'clock at nightâGordon and Curtis still occupied the second floor on Tuesday, and I the ground floorâwhen this took, place about the pistol Nagel said in May's presence that he had better go up stairs and leave them until the morning, and he went up stairs and Gordon tooâMay and I remained down stairsâon the following morning, Wednesday, May was very cross again, and said he would not eat his breakfast till he had the pistolâwe used all four to breakfast togetherâI told Gordon she had better go and fetch it, and save any more wordsâshe went up stairs, and I think Nagel went up too, and unloaded itâhe came down and gave it to May, and at that time it was unloadedâwhen May got it, I believe he put it in his portmanteau, I don't exactly recollectâI saw a small box of fifty cartridges in May's possession, but I did not see him with any loose cartridgesâMay had a green or blue bag for the pistolâwe all four breakfasted together on Wednesday, and May and Nagel went out together about 12 o'clock, and returned close upon 6 o'clockâI had been at home all the timeâMay returned in a Hansom cab about 1.30, as he had forgotten somethingâhe went into the bedroom, and went out againâI did not see what he took with himâthe cab was waiting for himâhe was alone in the cabâthey both returned about 6 o'clock, they were on very good termsâI went out about ten minutes afterwards, and went to Cremorne Gardens, leaving May, Nagel, and Gordon behindâI did' not notice whether Curtis was in the house when I went outâI was sent for to Cremorne close upon 10 o'clock, and returned at once to my lodgings; but I did not know what it was till I went into the roomâI first went into my sitting-room; there were five or six people there, but I do not

remember who they wereâI was called up stairs, and went up into Gordon's room, and saw Nagel on the sofa; he appeared to be deadâMay was in bed, I did not at that time see that he was woundedâI stayed in the room, and this letter was shortly afterwards brought to me by Mrs. Curtis and Ellen Gordon, with some pawntickets in itâI translated it to the policeâa shell box was pointed out to me as the place where it was foundâthe letter was not there when I went to Cremorne, because I took a stud out of the box thenâI had not seen May writing that day, but I have on other occasionsâI have not seen enough of his writing to know itâI did not see the pistol that nightâMay remained in Gordon's room to be attended by a surgeonânext morning I asked him who wrote the letterâhe said that he wrote it, and Nagel wrote on the the other sideâhe said nothing further about the letter at that time; but on the Saturday I told him he had put everybody to great inconvenience and troubleâhe said "Why?"âI said "Because of the letter you left before"âhe said "Why?"âI said "Because of the amount named," and that we did not see anything of the amount mentioned there; I was alluding to the 2,000 thalersâhe said that they did not bring that money when they came to us, but they had been to two or three other places, travelling about, before they cameâhe did not say that they had been spending moneyâhe said "Why did you show any one the letter?"âI said "I did not see the letter myself, it was in other hands than mine"ânothing further passed between usâwhen we went out together, May paid for the different thingsâhe paid Nagel's and Dircks' expenses, as well as his ownâpresents were bought for me, and Gordon, and Curtis, which May paid forâMay never told me why they left Germany, or what they wereâhe said they came from Berlinâthe pawntickets were in the letter when it was shown to me.

Cross-examined by Mr. COLLINS. When Dircks lived in the house the three went to the hotel to breakfast, but we did notâvery little money was spent while they were at our houseâthe presents which May paid for were very small; there was an 8s. ring and some article of dressâI was examined before the CoronerâI told the Coroner that the revolver was in both their hands, sometimes one and sometimes the other, but it was more in May's handsâthey had one portmanteau eachâthere was a policeman present when the conversation took place after May was woundedâMay also told me at that conversation, referring to his own wound, that he was not to blame, that Nagel had done it, and he had nothing to do with it.

Re-examined. The conversation on Thursday in the prisoner's presence was in GermanâMay had the pistol the most.

ELLEN GORDON . I am single, and live in Seton Street, Chelseaâin August last I lived at 21, Langton Street; I occupied the top front roomâon Monday, 12th August, I went to Cremorne Gardens with Augusta Burgess and Elizabeth Curtisâwe there met three young Germans, who agreed to come to us on Tuesday, and they came on Tuesday and did not go till ThursdayâI understood from Mrs. Burgess that they were going to Liverpoolâthey came back alone on Friday; Dircks was not with themâNagel lived with meâthey remained with us till the following Wednesday, I and Nagel occupying the top roomâon the Friday and Saturday we all went out together to different places, and on Monday, Tuesday, and Wednesday they went out alone, and returned to our place every nightâon Wednesday I was at home the whole dayâDircks did not come back with

themâafter breakfast they went out togetherâI do not know what time they returned, but it was when Burgess was dressing to go outâshe occupied the parlourâwhen they returned, I was down in that roomâbefore she went out, some champagne was hadâI do not know the exact time Burgess went out, but when she went out I was left alone with May and Nagel in her roomâI do not understand GermanâMay motioned to me for paper to write onâI gave him some paper, and saw him write while Nagel sat on the sofaâhe called to Nagel to get up, and Nagel read the note, but I did not see him write on it, or take up the penâhe said "Yah, yah" and went back to the sofaâI did not see where the letter was putâafter that I went up stairs to my bedroom; I do not remember the time; and in about five minutes I went down again and met Nagel coming up in the direction of my roomâI was on the first landingâhe tapped me on the shoulder, and mentioned the name of Paul; I thought he motioned me to go down, and I went down to the next landing and met Paul May coming up stairsâthat was a very short time afterwards; only just the time of going down stairsâI did not see where he went toâI went down into Mrs. Burgess' roomâMay also tapped me on the shoulder, and made a motionâI do not understand Germanâthey had been together once or twice before in my roomâabout five minutes afterwards Curtis, who sleeps in the room above the parlour, came to the door of Burgess' room, where I was, and said something to me, upon which I went down stairs with her, and I and the servant and Mrs. Carter went up stairs together to my room, the door of which was locked insideâthe servant forced it open, and when I got into the room I saw Nagel lying on the sofa bleeding from the mouthâhe was rather inclined to his right sideâhis right arm was under his mouth, and his left arm lying by his left sideâthe sofa faces the door of the room as you go up; the foot of the sofa faces the door; it stands at the side opposite the doorâhis face was facing me as I went inâhe groaned several times, and died very shortlyâhe remained in the same position on the sofa bleeding from his mouthâI afterwards saw a wound in his left sideâhe had his coat and waistcoat on, but unbuttoned and open, and his collar and necktie were off, and were lying on the drawersâI do not think his shirt was open, but I do not rememberâI saw a slight burn on his shirt, and bloodâthe round table was at the foot of my bedstead, and May was lying with his head under the table, and his feet under the head of the sofa towards the window side of the roomâthere are two windows in the room, and the sofa stood between themâMay's body was at right angles to Nagel'sâ(A model of the room was here produced, in which the witness arranged the articles of furniture and placed two dolls in the positions occupied by the prisoner and Nagel)âMay could speak at that timeâhe said something in GermanâI put a pillow under his head, and then saw a pistol close to his left side with the mouth of it pointed towards his sideâI did not see it till after I had given him the pillowâhe moved a little which caused me to see itâI moved it and put it about midway between the two, where the constable found itâI am quite sure of thatâthings remained the same till the doctor and constable cameâI afterwards went to Cremorne to fetch BurgessâI do not recollect the exact timeâI then went up to the room againâconversation was going on, but I do not know what it was aboutâI remember them writing a letter that day, and I afterwards went with Mrs. Curtis into Burgess's bedroom and found this letter in a shell-box without a lid, on the chest of drawersâthis is the letter I saw him writing, to the best of my belief, but I don't understand German.

COURT. Q. What are the grounds of your belief? A. Because I saw it, and it was addressed in this mannerâI did not see it when he was writing itâI saw it when it was foundâI did not see the envelope when it was writtenâI only saw it when it was foundâhe made motions for me to give him paper, and he wrote the noteâI did not see him address the envelope, and did not notice where he put itâI only speak to this letter being the one which was foundâI furnished him with the paper and envelopeâI cannot judge whether this paper is the same, because there is so much white paper alikeâwhen I saw it after it was found, I saw the address on itâI had not seen the address on it when he wrote itâI do not know whether he wrote two or three letters to Miss Augusta BurgessâI saw him go into Burgess's bedroom after writingâI cannot remember the exact size of the envelope I gave him.

MR. BEASLEY. Q. How long after they had written the letter did you proceed to go up stairs? A. I don't rememberâthey had finished writing when I went into my bedroom, and five or ten minutes afterwards I came downâthey never left the house after the letter was written till the deed was committed, and I had been with them in Burgess's room till I went up stairsâBurgess went out leaving those two young men with me in her room, and one of them proceeded to write after asking me for paperâI saw him write the noteâlooking at this paper I should say that this was the same sort that I gave himâI don't remember the size of the envelope, but I should say it was about this sizeâI did not notice how long he was occupied in writing, there were several linesâI did not see Nagel write on it, but I heard him say "Yah"âI then observed several lines on itâthey had sufficient time to go into Burgess' bedroom, and place the letter in the shell-boxâthe door was not lockedâI do not know whether I gave him more than one sheet of paper and envelopeâhe put the paper away after he had done with it and the blotting paperâI do not know whether anybody went into Burgess' roomâI did not shut the doorâthe constable White took the letter from the shell basket up stairsâI followed them up and heard the letter read by Mrs. Burgess in German, and she translated it into EnglishâMay was awake at that time, but I do not know whether he was sensibleâshe read it to himâI do not remember whether he spoke; if he did it was in German, and I should not understand him. (The letter was put in and translated as follows: "Beloved Augusta,âWe separate to-day from thee; the cause is thisâwe fled from Berlin to avoid military service. We took our cash, 2,000 thalers, with us, and this sum is all gone. Relations I have none, and for that reason we do it. Thou liest too much to my heart. I cry for you from my heart, and for your fate. Good-bye, we shall not see you any moreâperhaps in the other world; for me the world is nothing any more. Good-bye, or follow me, dearest I should have done it already, but love for thee kept me back. The watch is thine; fetch it and everything else. Once more, a hearty good-bye, from thy lover, Paul May." On the other side of this letter was written: "Take the pawntickets into your possession, and redeem what you wish from the pawn.âThy friend, Herman Nagel, from Germany," The envelope was addressed: "Miss Augusta Burgess, London, Langton Street, 21.") I attended on May, and sat up with him and nursed him the first night, and Mrs. Burgess alsoâI had first seen the pistol the night before on the easychair in the parlour; it was the same pistol which I saw up stairs, a revolverâNagel was then sleeping on the sofa, and there was a quarrel between

Mrs. Burgess and mayâI don't know what it was about; it was in German, but she said that Paul had threatened to shoot herâwhile the quarrel was going on, the pistol was on the easy-chair in the parlourâPaul put it there; he brought it out of the bedroom he occupied with Burgess, put it on a chair, and covered it with an anti-macassarâhe appeared in a temper, and had been walking about with it in his bandâMrs. Burgess made a communication to me, and I took Paul into the bedroom, and took the pistol up stairs and put it in my cupboardâI left him down stairs with Mrs. Burgessâwhen I came down again he was in the parlour; he still appeared in a great temper; he slapped me on the head twice with a wet handkerchief, and upon that Mrs. Burgess told me somethingâMay remained in the parlour, and nothing else passed that nightâNagel and I went up to bed, leaving May down there with Mrs. BurgessâI had the pistol in my room all nightâin the morning I and Nagel went down to breakfast leaving the pistol up stairsâMay said he would not eat any breakfast till the pistol was returned to himâI said that I would not return it to May, but I would return it to Nagel, and Nagel went up to my cupboard, unloaded it, took it down stairs, and returned it to Paul, who re-loaded it again sitting on the sofa, and I did not see it again until after the occurrence.

Cross-examined byMR. COLLINS. I did not give the pistol to May; Nagel took it from the cupboard in my bedroom, unloaded it, and took it down stairsâI believe he put the cartridges he took from the pistol in his pocket; he then gave the pistol unloaded to May, and that was the last I saw of it till after the deed was committedâwhen this matter burst upon me I was very much shocked and frightened to see a dead man and a dying man on the floorâI went to Nagel first, as well as I recollect, stepping over May's legsâI stayed by Nagel's side about half a minuteâhe was not dead; he groaned several times, but I saw that he was dyingâI had not been out that dayâI cannot say whether Nagel's shirt was open or notâfrom Nagel I went to May, turning roundâI got a pillow from my bed, and touched him in putting it under his headâI must have stepped over May's legs in going up to the head of my bedâI came back with the pillow, raised his head and put the pillow under, and I then saw the pistol by his left sideâit appeared close to his left side; I think I moved it when I put the pillow under his headâI have a distinct, recollection of thatâI said before the Coroner "In my fright I must have removed it to where they found it"âI am sure I moved itâI gave no further account of it, till last week to the Treasury Solicitor.

COURT. Q. Did you hear any report of pistols at all. A. No.

ELIZABETH CURTIS . I am single, and live at 19, Limestone Street, Chelseaâin August last I was living at 21, Langton StreetâI occupied the drawing-room floorâI remember Dircks, the prisoner, and Nagle coming on the TuesdayâDircks left on the Thursday, and did not come backâI saw nothing more of himâon Wednesday, 21st August, the prisoner and Nagle were in the house, but I did not see them at all that dayâabout 8 o'clock that evening I heard two reports and a noise over my head; it was not a fall, it was a stumbling noise, as if it was a person's two feet; it proceeded from Mrs. Gordon's roomâI cannot tell what time elapsed between the two reports; it might have been two minutes, it might have been three; I could not say positivelyâthe stumbling noise was after the two reportsâI was so alarmed that I immediately ran down stairs and called to Ellen Gordonâthe servant met me, and followed me up stairs to Gordon's room;

the door was lockedâI believe the servant broke it open, and I went inâNagle lay on the sofa, shot through the breast; blood was flowing from his mouth and breastâhis breast was nakedâI did not notice his shirtâhe did not speakâI left the room, and went down stairsâI did not see anything elseâI only heard May moaning underneath the table, I did not see himâI went down stairsâI believe the medical man was in the house by that timeâI did not return to Gordon's room for some time afterwards; about 12 o'clockâNagle was then deadâI had not heard any quarrel between May and NagleâI was with Gordon when she found this letter in a shell box.

Cross-examined. I think the letter was found about 9 o'clock; it was some time after the occurrenceâI was so excited when I heard this noise in the room that I don't remember much about itâI only believe I heard two shotsâthe moment I heard the noise I rushed out of the room; I can't give any idea of much that followedâI went into the room where the bodies were lyingâI did not go further than the bedstead where May was lying, and then I went out of the room as quickly as I could.

Re-examined. I have no doubt that I heard two shotsâI know I heard two shots distinctly.

ANN DINAN . On 20th of August I was living as servant at 21, Langton Streetâon that night I was in Mrs. Burgess's bedroom on the ground floorâI had been there all the evening, and late at night I was in the front parlour waiting on themâthere are folding doors between the rooms; they were openâthe front room is the sitting room and the back is the bed-roomâBurgess was lying on the bed, Gordon and Nagle lay on the sofa, and May went to the bedside to Burgess and spoke to herâthat was about 5 or 6 o'clock in the eveningâit was rather late in the night when I heard the rowâMay was walking in and out from one room to the other, and from there to the hall doorâBurgess was then sitting on the sofaâI heard some noise between May and BurgessâI did not understand what they were sayingâNagle was lying on the sofa, and never spokeânext day, the 21st, I waited on them at breakfast before they went outâI remember their coming back in the afternoonâthey had some champagne and three bottles of lemonadeâBurgess went out in a Hansom cab, and did not come back till she was fetched from Cremorne at 10 o'clock at nightâabout 8 o'clock Curtis came down stairs, and said something to me, and upon that I went up to Burgess's room, where Gordon wasâin consequence of what passed we all three went up to Gordon's room at the top of the houseâthe door was lockedâI pushed my elbow against it, and went in, door and allâI broke the hinges offâit was locked on the insideâGordon first saw the deceased on the sofa, and said "Herman! Herman!" and then she went to Mayâthe room was dark with smokeâMay was sitting underneath the table at the foot of the bedâI heard both of them groaning, but Nagle was the worst; he was almost dead; bleeding from the mouthâGordon put a pillow under May's headâhe was lying on his back, facing the left side, with the pistol close to his heart, close to his sideâI am sure I saw the pistol lying there, and I told Gordon not to move it; it was close to his left side, close to where the wound wasâI never before saw a pistolâit was in the same position when I saw it as when Gordon saw itâshe moved itâI saw her move itâshe took it in her hand, and I said "Don't touch it, don't touch it," and I left the roomâI can't say where she moved it toâI went for a doctor, and a doctor came.

Cross-examined. I felt rather timidâI was very frightenedâI did not go up to either of themâI stood at the bottom of the sofaâI did not go further than that.

EDMUND BLAKE (Policeman T 368). I made the model produced of the top floor front roomâit is mode to scale, one inch to the footâthe room is nearly square, about 16 or 17 by 14âthe furniture in the model is placed as it was seen by Inspector Gillâthe table, couch, and bed are according to scale.

JOHN GILL (Police Inspector T). On the night of 22nd August I was called to 21, Langton Street, about 8.40, and was directed to the top floorâI found in the room Ellen Gordon, the prisoner, and Nagleâno one elseâNagle was lying on the sofa, with his right hand extended towards the bed and his head resting on his right armâhis legs were drawn up slightly on the sofaâhis body was altogether on the sofa, no portion of it touching the floorâblood was issuing from his mouth, and he was lying on his right side, facing me as I went into the roomâhis left arm was down by his side, his head towards the foot of the sofa, and his feet towards the head, towards the fireplaceâhe had his coat and waistcoat onâno necktie or collarâthe coat and waistcoat were lying over the place where he had been wounded, but his shirt was unbuttonedâhe was quite deadâI examined him, and found a wound as from a pistol shot in the left breastâthat was the only wound I saw about himâthe prisoner was lying with his head under a round table at the foot of the bed, his feet under Nagle's feet, under the sofa, nearly as far as the kneesâhe had got his trousers and shirt onâhis shirt was open, unbuttoned from top to bottom, and a hole in the left breast of the shirt, as if from a pistol-shotâhe had received a wound on the left breast corresponding with the hole on the shirt, and had the appearance of being in the exact spot as the other man'sâthere was no other wound found upon himâhis coat and waistcoat were on the table, as if they had been taken off and carelessly thrown there at the foot of the bedâwhen I went in Gordon was attending upon himâhis shirt was slightly scorched, and there was a hole through it about where the wound was, but it was not over the wound when I saw itâthere was no smoke or mark of fire on Nagel's shirtâI did not see any corresponding hole in the shirt or any mark of fireâit appeared quite cleanâthe flesh appeared to be black round the orificeâI should think it was black from smokeâthe appearance of burning and smoke was also on May's shirtâwhen I had been there a few minutes a medical man named Irving came inâhe did what he could to May, and gave him some brandy and waterâI saw the pistol, when I went into the roomâthis part of the butt of the pistol was close to the foot of the bedstead, the muzzle pointing towards Nagel's right hand as he lay on the sofa, in that formâit was nearer to May than it was to Nagelâif his hand had been stretched out he could have touched the pistol, and barely touched itâI sent for Dr. Godrich, and he came about 9.20âI pointed out to him the exact spot where I picked up the pistolâI had removed itâit was in my hand then, and I described to him how it was lyingâI did not know Irving beforeâI don't know where he is nowâI have made every effort to find himâhe was there that night about two hoursâhe was there when Dr. Godrich cameâhe described himself as a medical doctor belonging to the Royal College of Surgeons, but I have some reason to doubt thatâI had an address that he was living at Somer's TownâI went there, and he was deniedâI could not find himâafter this White, the police-constable

arrivedâI searched the clothes of the menâI searched Nagel firstâI found a portmonnaie and 7d. on him, and a small comb and looking-glass joined together in his trousers pocket, and this pistol-case or cover in the right pocket of his coatâit will fit the revolverâI also found a watch-keyâon May I found a portmonnaie, two hotel bills, 2s. in the purse and a knifeâI have the hotel bills here, and I produce all the things that I foundâthey are both for Cline's Hotelâone is for 2l. 2s. 2d.âthey are not made out to any nameâwhen Dr. Godrich came May was put to bed and attended toâat that time White was called down stairs by the women; they afterwards came up with him, and he produced a letter and handed it to meâthis is itâit contained these four pawnticketsâI gave it to Burgess and asked her to read itâshe read it in German to May and in English to meâI can't tell you what answer he made; she did not tell meâI went away about 2 o'clock in the morning, taking the pistol with me, and I have had it sinceâI examined it and found it loaded in three chambersâin two chambers the caps were explodedâthere was one chamber not loadedâit is a six-chamber revolverâit was quite cleanâI should think the pistol had never been fired out of beforeâthe two chambers which had been fired looked as if they had been fired recentlyâthey have never been cleaned sinceâthe two with the white deposit in are the ones that were firedâit is a pistol with one barrel and six chambers, and has a repeating actionâit is not necessary to cock it each timeâafter the letter had been read it was given to me, and I found in it four pawntickets relating to the pawning of two coats and two shawls on 19th and 20th August, at Wither's, King's Road; two in the name of May and two in Nagle's nameâat the same time I was shown the portmanteausâI found a number of things; booksâI found some bills in May's portmanteau; nothing of any valueâI found a cartridge in May's portmanteau similar to those with which the pistol was loadedâI have a box of cartridges alsoâthere are forty-four in the box, and they fit the pistolâan inquest was heldâMay remained in the house until 29th August, and he was then taken to St. George's Hospital and remained there till 2nd November, then he was taken to the police-station, and the following Monday committed for trialâI have got the coats and shawls which answer to those pawnticketsâI got them at Wither'sâthe box of cartridges was given me at Scotland Yardâthey were left there by a cabmanâon 23rd of August I was present when the prisoner was examined before Mr. Curzon at 21, Langton StreetâMr. Curzon is a county Magistrate living in the neighbourhoodâMay was then supposed to be in a dying conditionâhis deposition was taken in the usual wayâhe was sworn, and he made a statement, which I wrote down as it was translated by Mr. AlbertâI produce that statementâthe prisoner signed itâ(Read: "On Wednesday last, 31st inst., I was with my cousin, Herman Nagel, in this house; before this time we had made some purchases, and amongst them a revolver. I don't know for what object my cousin bought the revolver. He went out alone to purchase it. I think he bought it last Friday. On Wednesday last we had been out. Before that day we had been to many places of amusement. On Tuesday we had been to the German Waiters' Club to look for a place as waiter, and we were told to come again about 6.30. On Wednesday night we had a bottle of champagne. After that my cousin went up stairs; I followed him five minutes after. We had cried over our unfortunate position for some time. We had tried, by every means in our power, to find a place, but in vain. We had no more money. Herman Nagel did not tell me of his intention

to take his own life nor to shoot me. We were alone in the room crying, when he (Herman Nagel) fired upon me (May) and then upon himself. He had placed the pistol in such a manner as to cause him to die instantly. After he had shot me I had still enough conscienceness left to see him place the pistol upon himself. I also heard the report of the pistol shot, but I was at that time lying on the ground. That is all I know about it I make this declaration under the belief that I am in danger of death, from this wound I believe that I am now lying on my death-bed.")âI have seen the model producedâthe furniture and the condition of the room represents the state of things when I went in that dayâI instructed Blake to make the model.

Cross-examined. Gordon was in the room when I went in first; that is all; everybody else had left the roomâIrving attended on the men a littleâhe had been there before I arrived, I believe; I don't know it for a fact, I heard soâhe came in after I had been there about three minutesâMay's shirt was openâthe bullet had passed through the shirtâthe shirt was fastened by studsâI have got them hereâthe bullet had passed through the shirt into the bodyâthe doctors suggested the examination of the prisoner on the 23rdâDr. Godrich thought that he was in such a position that it was necessary to take his statement.

ABEL COMBER WHITE (Policeman T R 44). On 21st August I was sent from the station to 21, Langton StreetâIrving was there when I got to the houseâhe stayed about half an hour after I arrived, until I went outâhe came again the next morningâI took the letter up stairs with Gordon, and handed it to GillâI got it from Ellen Gordon.

ELLEN GORDON (re-examined). I believe Mr. Irving was the first gentleman that came into the room after the. deed was committedâhe went down stairs for some brandyâhe gave May brandy, and bathed his head with waterâhe came several times that evening, and came again the next morningâhe came before either of the policemen came, and after they were there.

FRANCIS GODRICH . I am a surgeon, at 140, Fulham Roadâon the evening of 21st August I was sent for to 21, Langton Street, about 9 o'clockâI was taken to the upper room, the second floor frontâMr. Irving was there at that time, and Borne of the girls, and the policeman GillâI saw the two young men lying in the roomâMr. Irving left, as the policeman had sent for meâI am divisional surgeon to the policeâthe bedstead was on your left side, with its head against the north wallâthere was a passage between that and the sofaâon the sofa laid Nagel, with hit right hand extended over that passage; across his feet laid May, with his left hand partially extended towards the same point at which Nagel's hand was spread over this passageâthe pistol was lying rather nearer to May's handâNagel's right hand and May's left were pointing to the same point, because May was lying at right angles, with his head towards the door and away from the window; his feet were towards the window, under the sofa, and his head nearer the doorâMay's left hand pointed in the same direction, between the bed and the sofaâwhen I saw the pistol it was lying between the left hand of May and the right hand of Nagelâthat was about the place in which Gill pointed it outâit was further from the hand of May than the girl Gordon spoke to; it was pretty nearly midway between the two handsâNagel was quite deadâMay was in a state of syncopeâI attended to himâthe coat and waistcoat of May were offâthe shirt had been pierced, evidently by a ball; round the orifice of a ragged wound, about a quarter of an inch in diameter it was all blackened, as if by the combustion of powderâNagel's

coat and waistcoat had not been taken offâhis shirt was loosened, and I should think that the shirt had been moved by the left hand whilst the wound had been made by the pistol with his right, because there was nothing intervening betweenâthe chest was blackened precisely the same as May's shirt was, and there was no entrance of the ball through the shirt; the shirt was cleanâI agree with Gillâthe pistol would have laid in such a position as it would have fallen from Nagel's hand had he killed himself and thrown his right arm outâhis right hand was extended, pointing over the passage between the bed and the windowâhis hand was extended right across the passageâhe was lying on his back, and his head a little bent to his right shoulder, and his right hand extended in that way, and that was deluged in bloodâhe had evidently been dead about an hour, or perhaps not so long as thatâthe head was lying rather over the right shoulderâthe arm was very nearly clear of the headâI could not ascertain the direction the ball had taken in Nagel's case unless I had examined the bodyâI did examine it afterwardsâI then found the ball had taken a direction beginning on the left side of the chest high up on the third ribâit had not fractured the ribâit had made a round hole through the third rib, at the edge of the ribâthe circle was not quite completeâthe ball passed below the root of the lungsâit went through the front of the great aorta, which is a continuation of the heart itselfâit went out at the back of the aorta, lower than where it entered, showing that it was still going downwards, and to the left; it then smashed the angle of the eighth rib, within about an inch or two of the spine, and was cut out at the loins, about half an inch from the surfaceâit went downwards, as though the pistol had been held in this directionâhe must have shot himselfâno one could have shot himâthere is the bullet, showing the immense force with which it impinged upon the ribâit was flattened on one sideâthese conical bullets don't fly off at an angle like the round onesâyou can see it is flattened on one side, where it hit the angle of the eighth ribâit weighs a quarter of an ounceâthe bullet would be projected with the conical side forwardâthe eighth rib is a very thick oneâI cannot say how this burr on the bullet would be occasioned, further than its meeting with great resistance thereâit just passed over the heart, the same as I apprehend that May's passed under the heart; it was a course downwards, inwards, and backwardsâI say that he must have shot himselfâI formed that opinion from the direction of the bulletâunless May or any person had gone round to his right shoulder and shot down in the same manner as he would have shot himself, it is clear no one in front of him could ever shoot a bullet in that directionânobody shooting at him point blank opposite could have inflicted that woundâit must have been done obliquely, and the pistol lay just where a man in his agony would have thrown itâI have no doubt that he shot himselfâthat is my conclusionâin coming to that conclusion I have taken into consideration the place where I found the pistolâI think the tremendous blow must have knocked the life out of him almost in a minute, and in the agony of the moment he would have thrown the pistol where it wasâhe might have been shot by a person standing above him on the bed, but that is an extreme possibilityâhe must have been on the sofa, because he could not have moved after the blowâhe must have dropped, unless he was lying flat on the sofaâI say it is far more probable, seeing the position he was in, that he shot himself than that another person got into a very peculiar position so as to shoot himâI was not told that the pistol had been moved

until I heard it in evidenceâI was not told so in the room, nor at the first inquestâquite irrespective of the position of the pistol, I should have precisely the same opinionâif it had been thrown half-way across the room it would have made no difference whateverâthe bullet might have passed an inch above the aortaâit was not in the arch of the aorta, but in the descending portionâthe aorta is the great artery of the bodyâit is a continuation of the heart itself; it pumps out and empties the body in a minute or twoâMay was lying quite senseless on the floor when I went in, and I believed, from looking at the wound, the heart must have been pierced; the pericardiumâhe was, in fact, dyingâafter getting some brandy down him, however, He revived, and we got him to the sofaâhe was wounded about two inches and a half below the left nipple, and if he had been expiring instead of inspiring, I think the heart would have been wounded, it was so nice a point as thatâthe bullet is still in his bodyâI have no doubt it had gone in horizontally, but I could not tellâround balls are erratic, but these conical bullets are not, they will go through anywhereâif the side of the bullet struck on the edge of the rib, it perhaps might be deflectedâhe had inflammation of the pericardium afterwards, as well as the diaphragm, and a large quantity of fluid in the chest, so that the heart was pushed down from the left side to the right.

Cross-examined. I have been forty-five years in practice, and have had considerable experience in that timeâI have been perhaps for twenty years divisional surgeon to the policeâin all cases of violence and wounds I am called in to attend police cases, and have had considerable experience in that branch of the professionâI was examined before the Coroner, and gave evidence thereâwhen I made the post-mortem examination of Nagel I did it for the purpose of satisfying myself as to who caused his death; that was one of the great mattersâI asked the Coroner to allow me to examine him, as as to give an opinion of the direction of the ballâI could not give it withoutâit is from that examination that I give the decided opinion I have to-dayâmy impression at first certainly was that Nagel must have shot May and then himselfâit is very likely that I expressed that opinion before the Coroner, it seemed to me the most probableâafter a day or two I thought May in great danger, and directed an examination to be made of him by the MagistrateâI thought him in extreme dangerâhe was taken to the hospital as soon as thought him well enough to be removed, and was attended by the hospital surgeonsâit was about a week before I had him been removedâI then gave up my charge, and had nothing more to de with him.

Re-examined. If I had found the pistol where the woman says it was found, on the left side of May, and close to him, I should still have the same impression that Nagel shot him, because that would have been just the position in which I should fancy in the agony, the spasmodic effort of getting rid of the pistol, it would have been thrown by Nagel, assuming it to have been used by himâI should have expected it to have been on the right side of May, if he had shot himselfâI have beard that it was found close under his left sideâI don't think that would alter my impression at all as to who shot firstâI should still say that Nagel first shot May and then himselfâI could not conceive anything more horrible than the wound the man had received and the shock to his systemâif he had had a pistol in his hand shooting himself, the spasm of the arm would have thrown the pistol 3 or 4 feet further than I found itâthe real position of the pistol would not signifyâits position did operate partly on my mind from

its being on the left side of MayâI don't think he would have shot with his left handâthat was my conclusion, and it is unalteredâif May had shot himself, I should have expected the pistol to be on his right sideâI did not say anything to May about his state, because he could not speak EnglishâI told Mons. Albert that I thought him in extreme danger.

CHARLES ALBERT . I am an interpreter and live at 28, Great Marlboreugh Streetâon 23rd August I was called to 21, Langton Street by the police to interpret for the prisonerâhe was supposed by the doctors to be dyingâI told the prisoner soâI said that the doctors had given a strong opinion about his very dangerous stateâhe made a statement on oath in German, which I translatedâit was taken down by Inspector Gill in presence of the MagistrateâI read it over to the prisoner and he signed itâit is the statement that has been readâwhen I first went into the room the prisoner asked who all those gentlemen were; the doctor was there, the Magistrate, the Chancellor of the German Consulate, the policeman, and the inspectorâI told him who they wereâhe said "Am I going to be punished then?"âthat was all he said before his statement was takenâI made the translation that has been read of the letters produced by Inspector Gill, it is correctâthere are two handwritings on the original letterâI have translated, by order of the prosecution, all the depositions from English into German for the prisonerâI was present at the police-station on 2nd November, when the prisoner was brought inâI told him he was charged with killing Nagelâhe said "I did not do itâI find it very extraordinary that I should be accused of shooting my friendâI did not shoot him"âI was present on the 4th, and read over the warrant to him charging him with killing Nagel, and he said "I did not shoot him."

THOMAS FAGS . I am a Hansom cab-driverâon Wednesday, 21st August, between 1 and 2 o'clock, I was called off my rank in Leicester Square by two young men, foreignersâthey asked me to drive to some street, but I could net understand what they saidâafter they got out I found a tin box in the cabâI gave it to the inspector on duty at Bow Street.

GEORGE FREDERICK GILES . I live at 18, William Street, Caledonian Road, and am a pawnbroker's assistantâin August last I was in the employment of Mr. Brown, of Ryder's Street, Leicester Squareâon Tuesday, 20th August three foreigners came thereâone of them interpreted for the othersâthey pledged a gold chain for 1l. 15s.âthey came again next day without the interpreter and redeemed the chainâone of them came again the same day and pledged a revolver made by Reilly, of Oxford Street, for 8s.âthe same afternoon somebody came back again with the chain, and I bought it for 2l.âI can't say who that wasâabout 4.30 one of the foreigners came and took the revolver outâthe chain was pledged in the name of Paul MayâI could not swear to the prisoner.

THOMAS CAVENET . I am warehouseman to Mr. Reilly, gunsmith, of 315, Oxford Streetâthis pistol was made by Mr. Reillyâit was sold on Saturday, 10th August, for 2l. 13s., including cartridges, to a Germanâthere were two Germans and somebody who could speak English, and three young womenâI can't identify the prisoner as one of the men.

EDWARD MAYER . I am Chancellor of the German Consulate in Londonâon Friday, 8th of this month, I went by the direction of the Consul-General to see May in NewgateâI asked if there was anything he wanted as to his bodily comfortsâhe said that he was well cared for, and that he had no complaint whatever to makeâI told him that the Consul-General would

not interfere about his defence, that that must rest entirely with his friends and relations, and I advised him to write to his fatherâhe afterwards made a statement to me quite voluntarilyâhe said "Well, sir, I must tell you the whole truth; Herman Nagel did not shoot upon me, but shot first upon himselfâI then took the pistol in one hand, and opening with the other my clothes (he accompanied that with a proper gesture), I shot upon myself; it was by this very reason that the pistol has been found close to my hand."

Cross-examined. I went to the prison only to see after his bodily condition, because he had complained at the Police Court that he was not in a state to leave the hospital and enter the prisonâI had no intention of rendering him any legal assistanceâI will not say that I have stated before to-day that he said "It was by this reason that the pistol was found close to my hand," but I complete now my evidenceâI told Mr. Wontner, on the 15th, what the prisoner had said to me on the 8thâI did not then tell him that the prisoner said "It was by this reason the pistol was found close to my hand," because at that moment I did not think of itâI did not ask the prisoner any questions or tell him to tell me the truthâI had no idea that he was going to make any statement to me.

NOT GUILTY .

KENT CASES.

Before Mr. Deputy Recorder.

36. GEORGE TRIMBLE (34) , Feloniously setting fire to the dwelling-house of Henry Trimble, Phoebe Ann Pickard, and others, being therein. Second and Third Counts.âSetting fire to certain matters and things in the said dwelling-house.

MR. HOLLINGSconducted the Prosecution; andMR. F. H. LEWISthe Defence.

PHOEBE ANN PICKARD . I am single, and was servant to Mr. Henry Trimble, at the Pier Tavern, at Woolwichâthe prisoner is his son, and lived there with his fatherâon Wednesday, 23rd October, I went to bed about 10.30âthe prisoner had gone out and had not returned when I went to bedâabout 1 o'clock or 1.30 he came to my bedroom, and knocked very loud, and said "Phoebe, get up, the house is in flames"âI immediately got up, and went to my mistress's bedroom door and rapped very loud, and said "Mrs. Trimble, get up, the house is on fire"âI then went and fetched waterâI was afraid to go into the roomâit was the next room to where I sleptâI knew that by the smoke on the landing coming from the roomâI saw the prisoner as soon as I went out of my own roomâhe was standing at the bedroom door with a lighted candle in his handâI went down stairs and Miss James and I fetched some waterâI did not do anything with the water; Miss James did; I was afraid to go into the roomâthe prisoner was standing at his mother's bedroom door thenâMiss James took the water into the room, and I stood on the landingâMr. Trimble came up then, and looked at it, and then we called Mr. Baggott in, and he came up, and then a policeman came in and they fetched some more waterâI went into Mrs. Trimble's bedroomâthe policeman put the fire out, and then the prisoner and the police went down into the kitchenâI went downâthey stood talking, and then fetched some more policemen inâhe was then taken into custodyâI went to bed again about 4.20; about 5 o'clock I heard something like crackling and burningâI immediately got up, and went down to my mistress's bed-roomâMrs. Trimble and her granddaughter put that outâI went into the roomâthe partition was on fire.

Cross-examined. That was three hours after the prisoner had been taken awayâI saw where the partition was burningâthe second fire was about a yard from where the bedclothes, which had been burning, were on the groundâat the time of the first fire the prisoner, his mother, and father, and Miss James, and I were in the houseâno one elseâthe room where he was sleeping was a front room, visible from the streetâit was at the top of the houseâthe fire was seen from the outsideâthere are back rooms to the houseâthere was a room down stairs full of wood and combustible matterâI was on perfectly good terms with the prisonerâif the fire had spread without him alarming me I should probably have been the first person burntâthere were two very large canfuls and two large jugfuls of water taken in to put the fire outâthe first fire was limited to his own bedclothesâI did not take much notice, but I think the prisoner was muddled with drinkâI did not see a pipe full of tobacco in his room when I went in the second timeâI did not notice a candle in the room which had been lightedâthere appeared to be some paper torn away from the partitionâI had been in the house five weeksâI noticed the paper torn in his room where the second fire was when I first went to live in the houseâI said that before the Magistrate and it is true.

Re-examined. The room where the wood and things were was in the lumber room down stairsâthis is a public-houseâthe premises run very deep, and the room is along a very long passage as you go outâthat room was never kept lockedâit was always open, but sometimes of an evening we used to lock itâmy master slept in a room by himself on the first floor, and my mistress slept in the next room to him on the same floor.

MARTHA JAMES . I am single and am the granddaughter of Mrs. TrimbleâI sleep with herâon the night of 23rd October I was aroused by the servantâI got up and ran up stairs to my uncle's, that is the prisoner's, roomâI found the room full of smoke, it nearly suffocated me for a moment or twoâI saw the things heaped up on the bed, they were smouldering but not in flamesâthey were all together in the centre of the bed, not spread out as they ought to have beenâthey appeared to be gathered up in a heapâI went and got some water immediatelyâthe prisoner was standing outside the room with a candle in his hand, and something on his armâhe did nothingâhe did not move or make any attempt to put the fire outâI threw some water on, but when I found it blazed the more I ran down to get helpâI saw a man outside the house and asked him to get a policemanâthe man came in afterwards and the police afterwardsâI was present when the prisoner was taken into custodyâmy grandpapa went up to the police-station "to give the chargeâit must have been after 4 o'clock that we were aroused again by the servant telling us the house was on fire againâwe both rushed up stairs into the same room and I found the partition smouldering, red hotâI can't say there was smokeâit was embering, not in flames at allâit had smouldered awayâit was very damp.

Cross-examined. The bed consisted of sheets, blankets, and quiltâthe bed itself was burnt, but not completelyâI noticed that the clothes were heaped together on the bedâthey were almost destroyedâthat was the only fire that I saw in the roomâone of the men I believe dragged the bedclothes from the bed into the room in putting them outâI did not notice any lucifers on the ground till long after the fireâI saw one or two the next dayâI did not take any light into the room; it was dense, you could not see anything but the flames on the bedâthey seemed to give enough lightâI

found a pipe afterwards which had been filled with tobaccoâI looked for it in consequence of something my uncle saidâit was on the chair by his bedâthere was no candle in the roomâhe had it in his hand outside the roomâI did sot notice a candle which had been used by the prisoner to retire to restâI could hardly tell that he was the worse for drinkâI did not think about himâI should imagine he was drunk when he went to bed from the noise he madeâhe was talking a long while outside the door with my grandfather, as he generally didâhe made a great noise and gave me the notion of being drunk.

Re-examined. When I saw the prisoner on the landing the first words he used were "See how it burns"âthose are the only words I rememberâhe was muttering a good deal.

JOSEPH JAMES BAGGOTT . I am a master lighterman, and live at East Greenwichâon 23rd October I was passing Mr. Trimble's house, between I and 2 o'clockâI smelt fire before I came to the houseâI looked about some little time, and saw smoke pouring from the window at the topâI heard voices insideâI looked about for a constableâI did not see any one at that timeâI called out; some one answered me from the front windowâI said "Your house is on fire;" they said "Yes, will you come in and put it out?"âI said "If you go up stairs you can put it out yourself"âI was there about twenty minutes before I got in, and then I went in with a policeman, named PhillipsâI went up stairs, and found the bed was all on fire and the room full of smokeâthe constable tried to enter, but in hastening up stairs I suppose he was out of breath, and he had to come out againâI tried also to enter the room and could notâthe constable went down stairs for some water, and while he was gone I rushed into the room, and took the bed and clothes and turned them upside down on the floor, and stamped the fire outâI burnt my trousersâit was not blazing much, it was all red hotâthe prisoner was standing there at the time, and he tried to enter once himselfâhe asked me for his boots, but I did not see themâI did not notice how the bedclothes were; I could not for the smokeâI could not swear that the clothes were spread out as if a person had been in bedâthe prisoner seemed greatly muddled, as though he did not know what he was about.

Cross-examined. I could not swear that the bedclothes were in a heap; there was too much smokeâwe soaked them well with water after I had stamped upon them, and we looked round, but did not see any more fireâI went to the police-station with the prisoner's fatherâthe prisoner asked him if he charged him with drunkennessâon the way to the station the father walked with me, and he offered me a half-sovereign not to criminate himâhe was rather an aged man, about sixtyâhe said "Ain't you a policeman?"âI said "I am not"âhe said "I will give you a half-sovereign if you don't criminate me"âI did not mention that on the first evidenceâthe father did not appear against the prisonerâwhen he said he would charge his son, the prisoner said "You will be sorry for this," and the father said he had lately insured the house, three days before, for 940l. or 950l.âI told him to be careful what he was sayingâthe father committed suicide a few days after he had charged the prisonerâI saw the room after I had put the fire outâwe searched all over the room, and left it safe, as far as we could seeâthe prisoner produced his shirt at the hearing before the Magistrate; it was all burnt.

Re-examined. I mentioned about the half-sovereign on the second occasion

before the Magistrate, but Mr. Maude did not think it evidence, and it was not takenâthe father did not charge the son till the police asked who set fire to the place, and the father said "My son threatened to set fire to the place on several occasions"âthe prisoner heard that; he made no answerâI did not know them before, and I have not visited the prisoner sinceâwhen I took the bedclothes off the bed I put them in the middle of the floor, away from the partition that was afterwards found burning.

ALFRED GILLHAM (Policeman R 109). On the night of 23rd October I was called to Mr. Trimble's house about 2.30âI saw smoke issuing from the top windowâI went up stairs with Baggott, and saw the prisoner standing outside the room which was on fire, partly dressed, his coat and trousers and hat on, and a candle in his handâhe had no boots onâhe remarked that the room was on fire, "See how it burns"âI went into the room, and found the windows wide openâI went in before Baggottâthe bedclothes were all in a heap on the bed, as though they had been gathered togetherâI went and got some waterâthere was a great deal of smoke in the roomâI carried the water up stairs, and in the meantime Baggott had got the bed off the bedstead on to the floorâthe prisoner was standing outside the room at the time, on the landing talking and muttering to himself; I could not understand what he said, for I was too busyâI told the prisoner that his father had charged him with getting fire to the house and I should take him to the stationâhe said that he had not done it, and that the premium of insurance was only paid three days before for 900l.âthere was a great deal said, but that is all that I rememberâthe prisoner said that he was in bed at the time, and was woke up by a great heat and he found the bedclothes on fireâafter his father charged him, he said "You will be sorry for this, and I shall get three years to-morrow," that was in the kitchen, down stairsâI took him to the station, and then went back and searched the roomâI found this box of matches lying outside on the landing, where the prisoner had been standing, and there were four matches loose and a pipe on the chair by the side of the bed.

Cross-examined. I did not see a candle and candlestickâI looked all round the roomâthat was after I came back from the police-stationâI asked the prisoner how he could account for the fire, immediately after we had extinguished the fireâI did not say to him "Is not the house insured"âI am quite certain, we are not allowedâthe prisoner went down stairs, and got a pair of socks, and the boots that were in the bedroomâhe had his coat and trousers on, in fact, he only put on the socks and bootsâI did not see him with any other clothesâhe appeared to be recovering from drink.

HENRY PHILLIPS (Inspector R). I went to the house on 24th October, about 1 o'clock, I went to the room where the fire occurredâthe prisoner's father and a salvage corps man in charge were with meâI found the remains of bedclothes and bedding in the middle of the room very much burnt, and water had been thrown on itâan iron bedstead stood at the end of the room, and at the same side there is a partition which divides the servant Pickard's room from the prisoner'sâto all appearance it was a solid wall, but on examination I found the wall was canvas covered by ordinary bedroom paperâthe hole was about 5 feet from the floorâthe partition was made of upright timbers about half-a-yard apart, covered with canvas and paperâthe hole was large enough to put my hand in, it was burnt at

the edgesâI tore the canvas and the paper right down, and found this piece of newspaper inserted in the crevice, and the edges had been burnt and emberedâit was not exposed till the canvas was torn downâthe portion of the paper is the "Standard" of the 7th October, 1872âthere were various other pieces which had fallen from this; they had fallen down inside the holeâthe hole was close to the bedsteadâI should say the bed had been against the partition originally, but it had been moved when I saw itâI found six matches on the floor which had been ignited.

Cross-examined. I have produced all the paper that I found in the creviceâthere was also a portion of a child's bookâthe paper had been wedged into the hole, no doubt, in the first instanceâthe hole was above the bedâI should not think there would be any draughtâthe paper had smoulderedâit did not stop the hole at all, it was hidden until the canvas was torn down.

WILLIAM HOOPER (Police Inspector R.) I came into the police-station at Woolwich when the prisoner was thereâthe sergeant in charge, the prisoner's father, the constable, and Baggott were also thereâthe sergeant had not entered the charge because he wished to consult me previouslyâthe prisoner was then is the dock, and his father was standing by the side of himâI asked the father to explain to me the circumstances of the case before entering the chargeâhe then made a statement to the effect that the prisoner came home between 12 and 1 o'clock, that he came down stairs to let him in, that the prisoner required some drink, that he prevented him from going behind the bar, that the prisoner took the measure and drew some liquor from the engine while standing outside and drank itâhe then asked for some lucifer matchesâhe (the father) told him that there was a light already in the room for himâthe prisoner said "I want some matches, for I intend to set the bâhouse on fire to-night"âthe prisoner heard all this, but he made no answerâhe had been drinking, but in my opinion he understood perfectly what was saidâthe father said the prisoner then went to his bedroom and he went to hisâsome short time after an alarm of fire was given, and he, the father, went upstairs to his son's bed room and found him standing outside his bedroom doorâhe said to his son, "What is the matter?"âhe replied, "I will set the bâhouse on fire, and you will be able to get the insurance money now"âthe prisoner said, "You intend to charge me, do you?" and the father said "Yes."

MARTHA JAMES (re-called.) The business was my grandfather'sâthe prisoner had no interest in the businessâhe lived in the houseâI should not imagine he had any interest in the insuranceâhe was the only son living thereâmy grandfather slept aloneâhe was very much given to restlessness and was in the habit of taking sleeping draughtsâhe had been in very low spirits for the last year or twoâhe complained he could not sleep at allâhe poisoned himself afterwards with rat poisonâI was quite familiar with the affairs of the houseâI had been staying there backwards and forwards for two or three years, two years at all eventsâI did not know that the house was taken for the sonâit was disposed of to Mr. Willis, and the prisoner's father had received a deposit from Mr. Willisâthat was a week before the fire, I thinkâmy grandfather could not manage itâthe son would not help him, and he was obliged to give it up, the prisoner drank so muchâthe proceeds of the sale of the house did not go to the prisoner, it went to his fatherâhe was living there and was entirely maintained by himâhe had no other meansâI know the furniture of the

room where the fire wasâthere was a washhand-stand and basinâthere was no water, because he did not use that as a dressing-roomâI had to run into my own room for waterâI did not call out of the window, I believe my grandmamma didâI believe it was about ten minutes before that I was arousedâI have served behind the bar occasionally, and so has the prisonerâhe never turned me away from the barâhe has said that he would put me the other aide of it, or something like that.

HENRY PHILLIPS (re-examined). When I pulled out this piece of paper out of the crevice it was quite outâit was eight hours after the fire was extinguishedâthe wood of the partition was charred very slightlyâit was turned to charcoal to a slight extentâI think the prisoner discovered the burn on his shirt at Maidstone GaolâI believe he changed it at MaidstoneâI should say that the paper had been ignited after it had been put into the holeâit was invisibleâI can offer no opinion as to whether sparks from the burning bed might have set fire to thatâif the bedclothes had been lifted from the bedstead, and had come in contact with the paper, it probably might have burnt it.

MARTHA JAMES (re-examined). It was a piece of the timber of the partition that was red hot, and it was embering awayâthat seemed to have caused the holeâit had burnt away and formed the holeâI am not aware that it was a rule to have a lighted candle left for the prisonerâhe used to come in at all times; I don't knowâI was in bed.

GUILTYon the Second and Third Counts. â Two Years' Imprisonment.

37. GEORGE SMITH (31) , Feloniously forging and uttering an acquittance for the payment of 10s., with intent to defraud.

MESSRS. METCALFEandSLADEconducted the Prosecution.

HARRIET YORK . I live at Coventryâon 4th September I got a post-office order for 10s. from the post-office at Coventry, payable to "John York," my sonâI placed it in a letter with two book-marksâI addressed the letter to "Corporal Collar-maker John York, F Battery, B Brigade, Royal Horse Artillery, Woolwich, Kent"âI posted that letter about 8 o'clock on the night of 4th September in time for the night mail to London.

Prisoner. Q. Did you mention to your son whose name it was drawn in? A. In my own, Harriet Yorkâhe was to name the person who sent it.

JAMES MARTIN . I am a bombardier in the G Battery, B Brigade of ArtilleryâJohn York is in the F Batteryâon the morning of 5th September the F Battery went to Aldershot, and York with itâthe prisoner was also a bombardier in my batteryâthere is a post-office in the barracksâI receive the letters bodily from the post-office and take them to the barracks and distribute themâon the morning of 5th September I received a quantity of letters for the G Battery and the F BatteryâI took them to the B Brigade officeâthe prisoner was there, and we both sorted the letters for the G and F BatteriesâI took possession of the G letters, and afterwards distributed themâthe prisoner took possession of the letters for the F Batteryâhe was to post them after redirecting them to Aldershotâhe said he would do it himselfâI noticed a letter for Corporal York amongst the letters for the F BatteryâI remarked to the prisoner "Here is a letter for Collar-maker York, it is a bulky one"âit was different from an ordinary letter, it was bulkyâthe prisoner did not say anythingâhe took possession of the letterâthat was about 9.15âI did not see any more of the lettersâto the best of my belief the words "Ten shillings" and the name of "Collar-maker

Corporal York" on that order are in the prisoner's writingâI have seen him write frequentlyâthe words written are "Of ten shillings, C. M. Corporal York, B Bge. R. H. Ay."

Prisoner. Q. Did not you give any letters to Quartermaster McKenzie of that battery? A. I might have done so, I can't say whether I did or not.

Re-examined. I did not give that letter to himâhe is in the F Batteryâhe would have nothing to do with the lettersâthe prisoner was in charge of the office, and it was his business to post the letters to the F BatteryâMcKenzie was quartermaster in the battery, and he was left behind to give the barracks over.

JOHN YORK . I am a corporal in the F Battery, B Brigade, Royal Horse Artilleryâthe prisoner belongs to the G Batteryâin the beginning of September, we were quartered at Woolwichâon the 5th we left for Aldershot, about 7 o'clock in the morning, before the letters were deliveredâmy mother lives at CoventryâI did not receive a letter from her containing a money order for 10s.âthis receipt is not in my writing, nor written by my authorityâto the best of my opinion I believe it to be the prisonersâI have seen his writing on many occasions, from showing brigade orders, and I have taken releases to the guard-room to release court-martial prisoners, and they have all been in his writing.

Prisoner. Q. Was I on any intimacy with you to know that you expected any letters? A. I have been out with the prisoner on many occasionsâI could not say whether I have mentioned it to him, but I have mentioned that I expected an orderâI could not say whether I did so in the prisoner's presence.

WILLIAM SIBLEY . I am assistant at the post-office in Church Street, WoolwichâI gave the cash for this order on 5th September to a soldier in uniform, an artillerymanâI don't know what time it wasâit was written upon in that way when it was presentedâthis is the letter of advice which we received the same morning.

RICHARD GOODS . I am sergeant-major in the G Battery, B Brigadeâthe prisoner was in the same batteryâwe were at Woolwich, and then we went to Aldershotâon 5th September Martin brought the lettersâthe prisoner has been brigade clerk, and he. wrote under meâI have been in the battery with him four years and a halfâI say that that document is in his handwriting.

JAMES PRICE . I am quartermaster of the G BatteryâI have known the prisoner ten yearsâhe was clerk to me seven years ago the first time, and I had an opportunity of seeing him writeâthat document is in his writingâthe words are shortened, "Bge." for brigade, and that is the way we shorten themâa civilian would not know how to shorten those in the ordinary way.

The Prisoner, in his defence, stated that he never saw the letter, and was not aware that York expected any money from his friends, and that Martin did not leave any letters in the office to be reposted; and if he had done his duty the letter would never have been lost; that he had been thirteen years in the service, and several eleven years and six months in India, and was in possession of a good-conduct badge, which he would not sacrifice in this way.

GUILTY .

Recommended to mercy on account of his previous good conduct and long service.â Four Months' Imprisonment.

SURREY CASES.

Before Robert Malcolm Kerr, Esq.

38. JAMES FULLER (19) , Feloniously cutting and wounding James Callow with intent to do him some grievous bodily harm.

MR. HOLLINGSconducted the Prosecution.

SAMUEL CALLOW . I am a painter, of 43, Clarendon Street, Southwarkâon Saturday night, 5th October, I was in Kent Street, going home, and saw a bit of a row between Fuller and my brother-in-law, WayâI said to Way "You go home, Jem"âI had some boards in my hand; I took them home to my wife, came back, and the prisoner and Way were going to fightâI said "Don't you fight him, he is too big for you; if you want to fight, fight me;" and as I was taking off my coat the prisoner closed with me and got me up against the iron railings of a house and stabbed me in the head in five or six placesâmy wife came to my protection, and she got stabbed in the armâI am sure the prisoner is the man who got me against the railings; I was perfectly sober.

Prisoner. I assure you I did not have any knife in my hand; another man swears it was him who stabbed him. Witness. I am quite sure no person struck me but you.

MARY ANN CALLOW . I am the wife of the last witnessâon Saturday night, 5th October, he came home about 12.30, and shortly afterwards went out againâI followed him to the top of our street, and saw him in the road and the prisoner in a blue guernsey squaring up to himâI said "Don't fight," but they both ran at each otherâthe prisoner hugged my husband round the neck; then rustled the railings, and then the prisoner struck my husband on the headâI was close to themâno one else struck my husbandâI ran up to prevent his striking another blow on his head and got cut on my armâmy husband, not a minute afterwards, said "He has stabbed me"âthere was no one near him then but the prisoner and meâI did not see Goldsmith or Way thereâthere was not a blow struck in any shape except by the prisonerâif Way had stabbed my husband I should have seen itâI was there all the time with my husbandâI got up to the top of the street almost as soon as he didâhe was taken to the hospital and I with himânobody else struck my husband; if they had I must have seen it.

WILLIAM TODD . I am a carpenter, of 2, Queen's Gardens, Crosby Rowâon the night of 5th October, about 12.30, I was in Kent Street with the prosecutorâI took some boards home with himâthere was a bit of a row at the corner of the streetâhe stopped and said it was his brother-in-law, a person named Way, and that he would try and persuade him to go homeâhe said "Stop a minute till I come back"âI waited, and while he was gone Way and the prisoner were going to fightâthey were strangers to meâwhen Callow came back he said "Don't fight him, he is too old for you, fight me"âthe prisoner, who had nothing on but a blue guernsey, rushed at Callowâthere were forty or fifty people round and I got knocked down, and when I got up Callow said he was stabbedâI did not see Goldsmith or Way near the railingsâif they had been there I must have seen themânobody was near enough to stab Callow but the prisoner.

COURT. Q. How were you knocked down; by the rest of the people? A. I was trying to save Callow and persuade him not to fight, and with the crowd I was knocked downâwhen the prisoner closed on Callow there was a rush and my hat was knocked off; I stooped to pick it up and was pushed down.

FRANCIS JAMES CAREY . I am house-surgeon at Guy's HospitalâI saw Callow the morning after he was brought inâhe had six incised wounds on his scalpâthe largest was about an inch longâa penknife might have done it.

The following Witnesses were called for the Defence.

GEORGE KENDAL . On this Saturday night I was standing while my wife got some supper at a cook's shop and saw this fightâCallow said, "You are too big for him, you had better go with me"âthe prisoner said, "No, you are too big for me"âa little fellow called Goldsmith pulled Callow over against a shop, and when he got up he was smothered with bloodâa little fellow of the size of Goldsmith was fighting with him, but I did not know him thenâit was not the prisoner, for he was about 10 yards from the railings at the time.

Cross-examined byMR. HOLLINGS. I am a costermongerâI was there when they began fightingâWay and Fuller were fighting when I went upâI saw Callow against the railings and the other little fellow, but I did not go up to the railingsâI was about as far from them as from here to the other side of the Court when Callow was against themâthere was a crowd between me and the railings.

EDWARD GOLDSMITH . Between a quarter and half-past 12 o'clock on this night I heard a noise and saw Way very intoxicatedâhe wanted to fight me for a sovereignâI put my hands in my waistcoat pockets and he punched Fuller two or three times, and he put his hands in his pockets and pulled out a knifeâCallow came up and said, "You get on one side, I have got a match for you"âI saw Way go to Callow, and I believe he gave Callow the knifeâI was struck first with the knife, and I took it from his hand and stuck it into his headâI was the one who did it.

Cross-examined. I am a house boy employed by a linen-draper in the BoroughâI gave evidence before the Magistrate and he cautioned meâI first saw Callow when I saw him pick up WayâI did not see him carrying boardsâI saw Mrs. Callow first when I had her husband round the neckâBaker had hold of Fuller up against the cook's shopâthe difference I bad with Callow was in the middle of the road, and I got him round the neck again the railingsâthere are two cooks' shops; this is the one opposite Henry Streetâat the time I was hustling Callow Mrs. Callow was close by himâI saw Fuller stripped to fightâI saw Callow speak to him and attempt to take his coat off; that was in the roadâit is not a very narrow turningâthey were going to fight, but Baker pulled Fuller awayâthat was about 6 yards from the railingsâCallow struck Fuller twiceâFuller did not upon that rush into CallowâCallow was along with Way and they were going to fight, and Callow struck Fullerâthe fight did not occupy five minutes altogetherâWay and Callow were against the iron railingâI mean to swear that there was fighting between them in the middle of the streetâthey did not fight up against the railingsâit was me who fought up against the railings, and Callow had my hat on on Sunday morning; had not you, Mr. Callow?

SAMUEL CALLOW (re-examined). In the crowd I lost my hatâthere were two or three hats about, and they gave me oneâa young girl named Aggy Shaw said "Have you got So-and-So's hat?"âI said I didn't knowâI hive not got my own.

EDWARD GOLDSMITH (continued). I swear that Fuller and Callow did not fight up against the railingsâI swear that I was fighting with Callow against the railingsâI go so far as to say that it was I who stabbed himâ

the knife came out of Way's pocketâMrs. Callow was alongside Mr. Callow at the time, and she saw what was going onâif she likes to speak the truth she knows it was me who done it.

âCARTER. I was coming home between 12 and 1 o'clock, and saw a bit of a rowâI saw Callow coming; he up with his fist, and said "You are too big for Farthing have a go with me," and he struck Fuller twiceâFarthing pulled out a knife, but whether he gave it to Callow I cannot sayâwhen Callow held up his hand again I halloaed out "He has got a knife," and Goldsmith ran to take it away, and got stabbed in the wrist, and he took it from him and stabbed Callow.

Cross-examined. He got the knife from Callow; I do not know who Callow got it fromâFarthing is WayâI am a costermongerâI did not see Mrs. Callow thereâI do not know her when I see her.

Prisoner's Defence. I declare it was not me who stabbed the man. I did not have the knife in my hand at all. It was done by the man who swears he did it.

NOT GUILTY .

39. JAMES FULLER was again indicted for feloniously cutting and wounding Mary Ann Callow with intent to do her some grievous bodily harm, upon whichMR. HOLLINGSoffered no evidence.

NOT GUILTY .

Before Mr. Deputy Recorder.

40. JOHN MARNEY (23), and MARGARET MARNEY (23) , Robbery with violence on James George Cripps, and stealing a handkerchief, his property.

MR. LILLEYconducted the Prosecution; andMR. COOPERthe Defence.

JAMES GEORGE CRIPPS . I live at Abbey Street, Bermondsey, and am a purveyor of cat's meatâon Sunday evening, 3rd November, I was in Lant Street, Southwark, about two or three minutes to 11, returning homeâI received a violent blow behind the headâI fell, and, getting up, I caught hold of the male prisoner behind meâI then saw the woman; she bit me in the eyeâI had a struggle with the man; I had him with one hand, and protected my watch with the other; his shirt gave way and I fell, and the man and woman hit and kicked meâthe man kicked meâI called "Police!" as loud as I could, and they ran awayâthe police came up, and I gave information and described the manâI had been robbed of a silk pocket-handkerchief which I had safe a few minutes beforeâI did not notice the woman's face, but I noticed her dressâshe had a black shawl, a kind of cinnamon or brown dress, and a print apronâI went to the station and saw the man about twenty minutes after; he was brought in, and I identified him as he came inâI was sent to the hospital, where I was treated by the house-surgeon, and remained there till 1 o'clock the next dayâfrom the hospital I went to the Police Court at Stone's EndâI saw the male prisoner amongst about twenty others, and I picked him outâI was bruised all over from the kicks and the hit the woman gave me in the eye.

Cross-examined. I was very much alarmedâI have never been served so beforeâI was obliged to call out, I thought I was going to be killedâit was a little bit dark that night, and it was rather a darkish placeâI had only been drinking in a moderate wayâI had been into two public-houses, and had a glass of ale in the usual wayâI did not have any spiritsâI only had a pint and a half of beer the whole dayâI had been about with my cat's meat in the morning, and then I went home, and had a cup of tea

âI am quite sure I did not lose the pocket handkerchiefâit was in my left-hand outside pocketâI had never seen either of the prisoners before that I am aware of.

Re-examined. There were lamps aboutâI should think I was attacked within half-a-dozen yards of a gaslightâI could see the male prisoner, and he is the manâafter the remand I received a visit from the woman and three menâshe was dressed the same as she was on the Sunday eveningâshe said "Will you be a little bit lenient with my husband, as we have two children, and if you don't be hard against him we will make a recompense of what little loss was done in the damage?"âI told them of course the ease was not come off, and I had got it to consider; I did not want to be paid for what was doneâshe said it would not have happened if I had not pushed up against them, and as they had had a little drop to drink, that was how it occurredâI did not push up against them; that I am quite positive about.

HENRY MARTIN (Policeman M 232). I was on duty in Lant StreetâI heard a cry of "Police!" and ran upâI saw Cripps doubled up against the wall, crying out "Police!" and groaningâhe was crouching down, as if he had received a kick in the stomachâhe complained of having been robbed, and gave me a description of the man who had committed it, in consequence of which I apprehended the male prisoner about twenty minutes afterwardsâI took him out of a house about 30 yards from where I found CrippsâI believe he lived in the houseâI found him behind the doorâI saw the female prisoner in the room alsoâI took the man to the station, and the prosecutor identified himâthe prosecutor was taken to the hospital, and on he Monday morning he was taken to the Police Courtâthe prosecutor was not there when the case came on, and the man was remanded for a weekâthe prosecutor came in the course of the dayâhe was then shown the prisoner in the cell, and he picked him out from about twenty othersâI saw the female prisoner in the course of the dayâshe wore a black shawl and a dark dress, and print apronâshe was taken into custody on the 11th, the day of the remand.

Cross-examined. A black dress is a very common thing, and so is a print apronâthe first time Cripps identified the man was when he was aloneâI took him up to Crippsâhe said he was the man.

GUILTY .

JOHN MARNEY PLEADED GUILTYto having been before convicted in February, 1870.**â Seven Years Penal Servitude. MARGARET MARNEYâ Twelve Months' Imprisonment.

41. JOHN BEARDMORE (47) , Unlawfully exposing himself in a certain public place to the sight and view of Eliza Bond and others.